The URL can be used to link to this page

Home My WebLink About10/22/1987COMMISSIONERS vy . REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: October 22, 1987 CITY OF NEWPORT BEACH MINUTES R CALL INDEX Present x x K x x Commissioner Koppelman and Commissioner Pomeroy were Absent x x absent. EX- OFFICIO OFFICERS PRESENT: James D. Hewicker, Planning Director Carol Korade, Assistant City Attorney * * * William Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary * * * Minutes of October 8, 1987: Minutes of n x Motion was made to approve the October 8, 1987, 10 -8 -87 at x x x x x Planning Commission Minutes. Motion voted on MOTION x x CARRIED. * * * Public Comments: . - Public No persons came forth to speak on non - agenda items. Comments * * * Posting of the Agenda: -- Posting of the Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on October 16, 1987, in front of City Hall. * * * Request for Continuance: Request for Continuance James Hewicker, Planning Director, stated that the applicants, the Koll Company and Taco -Bell Corporation, have requested that Item No. 2, Traffic Study, Use Permit No. 3278 and Resubdivision.No. 849, regarding a take -out restaurant located at 4101 Jamboree Road, be • continued to the November 19, 1987, Planning Commission meeting. COMMISSIONERS O. M 49 ah Nx\_P1$1r sw\vl�llp\ CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROL CALL INDEX Motion x Motion was made and voted on to continue Item No. 2, Ayes x x x x x Traffic Study, Use Permit No. 3278 and Resubdivision Absent x x No. 849 to the November 19, 1987, Planning Commission meeting. MOTION CARRIED. Use Permit No. 2035 (Amended)(Continued Public Hearing) Item No.l Request to amend a previously approved use permit which permitted the establishment of the original China UP2035A Palace Restaurant with on -sale beer and wine on property located in the "Retail and Service Commercial" Approved area of the Mariner's Mile Specific Plan Area. The proposed amendment involves a request to delete two previously established conditions of approval which required the installation of a grease interceptor within the restaurant's drainage system; and the preparation and implementation of a landscape plan for the off -site parking area. LOCATION: A portion of Lot F, Tract No. 919, located at 2930 West Coast Highway, on the northerly side of West Coast High- way, between Riverside Avenue and North Newport Boulevard, in Mariner's Mile.. - ZONE: SP -5 APPLICANTS: _ Ye -Ter Mau and Wei -Tzan Mau, Newport Beach OWNER: Said Shokrian, Corona del Mar - James Hewicker, Planning Director, referred to the Planning Commission's request at the meeting of October 8, 1987, that the applicant submit a landscape plan for the off -site parking area and submit said plan to the Planning Department for review. Mr. Hewicker stated that the submitted landscape plan does not meet the ten percent landscape requirement that staff recommends for the Mariner's Mile area. He advised that there is sufficient area within the parking lot for the applicant to provide the requested landscaping, and he commented that he saw no reason why the ten percent landscaping should not be imposed or could not be provided. He said that staff has considered the restaurant parking area to be the depth of the required parking spaces and only one -half the depth of the -2- COMMISSIONERS NXNOy��C��o — 9y CITY OF NEWPORT BEACH MINUTES October 22, 1987 RoMbALL INDEX turn- around area inasmuch as the parking lot is shared by another business to the east of the subject property. In reference to the October 8, 1987, Planning Commission minutes wherein it is stated that the applicant indicated that the subject restaurant would be modified to a take -out restaurant, Mr. Hewicker commented that the applicant would have to amend the use permit for a take -out restaurant because the subject use permit is for a sit -down restaurant only. In response to a question posed by Commissioner Winburn, Mr. Hewicker replied that the applicant would still be providing the required number of parking spaces for the restaurant if three parking spaces would be eliminated from the, parking lot to provide additional landscape planters. In response to a concern posed by Chairman Person . regarding the landscape plan as proposed by the applicant and approved by the property owner, Said Shokrian, and said revised plan that has not been approved by the Planning Commission, Mr. Hewicker suggested a condition wherein the Planning Department would be responsible for the final approval and implementation of the landscape plan. In response to questions posed by Commissioner Debay, Mr. Hewicker, explained that the subject application pertains only to Condition No. 6 regarding landscaping and Condition No. 10 regarding the grease interceptor. He stated that the Planning Commission could continue the subject public hearing so as to notice the take -out restaurant request, or the applicant would be required to amend the use permit at a later date. The public hearing was opened in connection with this item, and Mr. Dennis O'Neil, 4041 MacArthur Boulevard, . representing the applicant, appeared before the Planning Commission. Mr. O'Neil stated that the - applicant has submitted a landscape plan to Mr. Shokrian and that he has approved said plan. He further stated that the Building Department did not require the grease interceptor because of the small restaurant operation. Mr. O'Neil reported that the applicants do not intend to operate the subject restaurant as a.take -out restaurant. -3- COMMISSIONERS g' � X16 0 mom �m 9 9 '$ y Gy98'p9�szro � yp y � i CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROMMICALL INDEX Mr. Said Shokrian, property owner, appeared before the Planning Commission. Mr. Shokrian stated that he approves the landscape plan as proposed by the applicant, however, he commented that he would not permit additional landscaping as requested by staff if any parking spaces would be eliminated from the parking lot. Mr. Hewicker responded that approximately 124 square feet would be required to satisfy the ten percent landscape requirement in addition to the 170 square feet as proposed. He commented that the applicant could provide the additional landscaping without deleting any parking spaces. Chairman Person asked Mr. Shokrian if he would approve a landscape plan that would necessitate an additional 124 square feet if said landscaping would not remove any parking spaces? Mr. Shokrian concurred if the landscaping would be provided in containers as proposed. 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 Winburn regarding the landscape planter boxes, Mr. Hewicker explained that the landscape planters would not interfere with the sight distance from West Coast Highway. Motion x Motion was made to approve Use Permit No. 2035 (Amended) subject to the findings and conditions in Exhibit "A" deleting Condition No. 10 requiring the grease interceptor, and amending Condition No. 6 to state "that the applicant landscape the off -site parking area in accordance with the approved landscape, plan as submitted with additional landscape planters of approximately 120 square feet ". Chairman Person suggested that Condition No. 6 be further amended to state that the additional landscaping would not eliminate any parking spaces from the plan based on the square footage calculated by staff. Motion was voted on to approve Use Permit No. 2035 (Amended) included amended Condition No. 6 and deleted Ayes x x x x x Condition No. 10. MOTION CARRIED. Absent x x • -4- COMMISSIONERS $ o� mod` �0 �inO�m CITY OF NEWPORT BEACH MINUTES October 22, 1987 RiMCALL INDEX FINDINGS: 1. That the deletion of Condition No. 10 of the subject use permit, requiring the installation of a grease interceptor into the restaurant's drain- age system is appropriate in this particular case, inasmuch as the Building Department has determined that based on the historical operation of the restaurant, said facility is not a significant grease generator so as to require such an installation. 2. That the deletion of Condition No. 6 of the subject use permit, requiring the preparation and implementation of a landscape plan for the off -site parking area, is not justified inasmuch as said requirement is an important design element of the Mariner's Mile Specific Plan which has . consistently been required for all development within the Specific Plan Area, which has occurred since the adoption of the Specific Plan in 1977. 3. That the applicants' inability to overcome differ- ences with their landlord is not sufficient grounds to waive the requirement for landscaping within the off -site parking area. 4. That the approval of Use Permit No. 2035 (Amend- ed), as it relates to the deletion of the require- ment for the installation of a grease interceptor into the restaurant's drainage system will not, under the circumstances of this case, be detri- mental to the health, safety , peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. . 5. That the deletion of the requirement for the preparation and installation of a landscape plan for the off -site parking area will, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. -5- COMMISSIONERS '�NOyq�c _ q2 CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROL CALL INDEX CONDITIONS: 1. That Condition No. 10 of Use Permit No. 2035 requiring the installation of a grease interceptor, as established by the Planning Commission on November 20, 1986, is hereby deleted. 2. That Condition No. 6 of Use Permit No. 2035 shall be amended to read as follows: That the landscape plan submitted by the applicant shall be revised so that additional landscaping (124± square feet) is provided in the off -site parking area. Said plan shall substantially meet the Mariner's Mile Specific Area Plan requirement of 10 percent of the paved parking area to be landscaped, except that no parking spaces shall be eliminated to meet said requirement. The revised landscape plan and an irrigation plan shall be subject to the review of the Parks, Beaches, and • Recreation Department and the approval of the Planning Department. Said plans shall be implemented, and shall be permanently maintained. 3. That all remaining applicable conditions of approval of Use Permit No. 2035, as established by the Planning Commission on November 23, 1986, shall be fulfilled. l fY R A. Traffic Study (Continued Public Hearing) Item No.2 Request to approve a traffic study in conjunction with the construction of a drive -in and take-out restaurant TS facility with indoor and outdoor seating areas; and the Up 3278 acceptance of an environmental document. R649 — AND Continued to 11 -19 -87 B. Use Permit No. 3278 (Continued Public Hearing) Request to permit the construction of a Taco Bell drive -in and take -out restaurant facility with indoor and outdoor seating areas; and a request to waive a portion of the required off - street parking spaces. AND -6- COMMISSIONERS r CITY OF NEWPORT BEACH MINUTES October 22, 1987 R CALL INDEX C. Resubdivision No. 849 (Continued Public Hearing) Request to create one parcel of land for restaurant purposes and one parcel of land for off - street parking purposes where one parcel of land now exists. LOCATION: Parcel No. 7 of Parcel Map 82 -713 ( Resubdivision No. 731), located at 4101 Jamboree Road, on the northwesterly side of Jamboree Road, northeasterly of MacArthur Boulevard in Koll Center Newport. ZONE: P -C APPLICANTS: Aetna Life Insurance Company, c/o The _ Koll Company, Newport Beach; and Taco Bell Corporation, Santa Ana OWNER: Same as applicant ENGINEER: Robert Bein, William Frost & Associates, Irvine James Hewicker, Planning Director, stated that the applicants have requested that the subject applications be continued to the November 19, 1987, Planning Commission meeting. Motion x Motion was made and voted on to continue Traffic Study,. Ayes x x x x x Use Permit No. 3278, and Resubdivision No. 849 to the Absent x x November 19, 1987, Planning Commission meeting. MOTION' - CARRIED. - x r : Use Permit No. 3284 (Continued Public Hearing) ItemNo.3 Request to establish a take -out restaurant facility with on -sale beer and wine and seating on the inside of tjp3284 the restaurant building and outside in a common court- yard, on property located in Via Lido Plaza in the Approved C-1-H District. The proposal also includes a request to waive a portion of. the required off - street parking spaces. -7- COMMISSIONERS - 4G � t N p } f1117111`� q O, T CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROMWCALL INDEX 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., Balboa Island and the Newport Via Lido Associ- ates, Orange OWNER: Newport Via Lido Associates, Orange James Hewicker, Planning Director, stated that Item No. - 4, Use Permit No. 3296 and Item No. 5, Use Permit No. 3297, are also located at the subject location; however, they will have different tenant developments. He reported that the principal concern regarding the three applications is available parking. Mr. Hewicker indicated that the property owners concur with staff • that there is currently available parking. He said that staff has a concern that the available parking spaces may not remain wherein staff has suggested a condition that allows for the Planning Commission to call the applications back in the event the mix in the subject shopping center changes or the operational characteristics change which would create a parking problem for the commercial businesses in Via Lido Plaza. Commissioner Debay referred to the available restroom facilities that will be shared with the merchants in the shopping center, and she commented that she wanted to be certain that restrooms would also be available for the handicapped. Mr. Hewicker advised that the Municipal Code and the Uniform Building Code require . that all new restrooms provide for the handicapped. Chairman Person advised that Hughes Market within the shopping center provides restrooms for the handicapped. The public hearing was opened in connection with this item, and Mr. John Jay, Vice President of Fritz Duda - Company, managing agent for Via Lido Plaza, and partner in Via Lido Associates; appeared before the Planning Commission. Mr. Jay presented opening remarks, regarding the new property owners' plans for future development of the shopping.center. -8- COMMISSIONERS A A qX C 4, G qy MINUTES October 22, 1987 CITY OF NEWPORT BEACH ROW CALL INDEX Mr. Dennis O'Neil, 4041 MacArthur Boulevard, appeared before the Planning Commission on behalf of the applicants. Mr. O'Neil referred to Condition No. 19 in Exhibit "A" which states "that all beer and wine shall be consumed in the interior of the building and that patrons shall not be permitted to leave the facility with alcoholic beverages. ", and he requested that the condition be amended to state that the beer and wine may be served in the patio areas subject to the conditions of the Alcoholic Beverage Control Department. In response to a question posed by Chairman Person, Mr. O'Neil explained that the applicants have requested that the customer may purchase alcoholic beverages within the interior of the restaurant and have the ability to walk to the confines of the patio area and sit down with that beverage. Mr. Jay reappeared before the Planning Commission and he referred to the demographics of the proposed • project, and letters of support from Mr. Ziggy Modnick, President of Via Lido Plaza Merchant's Association, dated October 20, 1987, and from Rollie Brousard, President of the Goofoffers dated October 19, 1987. In response to a statement by Mr. Hewicker, Mr. Jay concurred that the subject restaurants would be the extent of the additional food service that would be established in the shopping center. In response to a question posed by Commissioner Winburn, Mr. Jay replied that the restaurant would be available to the Goofoffers at 7:00 a.m. either inside the restaurant or outside in the patio area depending on the weather conditions. In response to Commissioner Merrill's concerns regarding the maintenance of the patio area, Mr. Jay replied that the shopping center has maintenance personnel, and the individual tenants will also be responsible for the cleanliness of the patio area. There being no others desiring to appear and be heard, the public hearing was closed at this time. The Planning Commission discussed outdoor eating areas within Newport Beach that permit alcoholic beverages. -9- COMMISSIONERS BG �'9��AA9 Sk CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROL CALL INDEX Motion x Notion was made to approve Use Permit No. 3284 subject to the findings and conditions in Exhibit "A ", including amended Condition No. 19 that would state "that the outdoor service of beer and wine shall be permitted within the confines of the patio seating area if approved by the State Alcoholic Beverage Control Department." Chairman Person stated that he would support the motion. He stated that the proposed restaurants would be an asset to the shopping center, that he personally enjoys eating in outdoor areas, and that he is pleased that the applicants have chosen to upgrade the shopping center because it will benefit the entire neighborhood. Commissioner Winburn stated that she would support the motion. She referred to Condition No. 20 which states that the Planning Commission has the authority to bring the use permit back if it is determined that the operation has become detrimental to the area. *Ayes Motion voted on to approve Use Permit No. 3284 subject to the findings and conditions in Exhibit "A" including x x x x x aforementioned amended Condition No. 19. MOTION Absent x x CARRIED. FINDINGS: - - 1. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to traffic circulation, walls, landscaping, utilities, and a portion of the required parking spaces will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 4. That a parking study has been prepared which indicates that large numbers of vacant parking spaces are available on the site during lunch time • (11:00 a.m. to 1:00 p.m.) and dinner time (6:00 p.m. to 8:00 p.m.). -10- COMMISSIONERS MINUTES 'Ch �0�•O^ October 22, 1987 m G9 o�yyC C y0 � y ` y CITY OF NEWPORT BEACH R N d CALL INDEX 5. The approval of Use Permit No. 3284 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, outdoor seating plan and floor plan. 2. That the development standards pertaining to traffic circulation, walls, landscaping, utili- ties, and a portion of the required parking spaces shall be waived. 3. That the outdoor food court seating area shall be kept clean at all times. 4. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 5. That all signs shall conform to Chapter 20.06 of the Newport Beach Municipal Code. 6. That all mechanical equipment and trash areas shall be screened from the adjoining properties, and from Via Lido. 7. That a trash compactor shall be installed within the restaurant facility. 8. 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. 9. That kitchen exhaust fans shall be designed to control smoke and odor, unless otherwise approved by the Building Department. 10. That grease interceptors shall be installed on all • fixtures in the restaurant facility where. grease may be introduced into the drainage systems in -11- COMMISSIONERS y t°l^ogNm AGE? " �N�y C•p�y�gx CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROMWCALL INDEX accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Public Works Department. 11. That the outdoor seating shall be available to the public at large and no portion of said seating area shall be used exclusively for any one of.the proposed restaurant uses. 12. That one restroom for each sex shall be made readily available for customers. 13. That no live entertainment shall be provided unless an amendment to this use permit is approved by the Planning Commission. 14. That no amplified sound shall be used to announce, orders, to broadcast music, or for any other purpose on the exterior of the building. • 15. That four (4) parking spaces shall be provided for the proposed facility. 16. That all employees shall park their vehicles on -site. 17. That the on -sale service of beer and wine shall be incidental to the primary food service operation of the restaurant. 18. That no off -sale beer and wine shall be permitted in conjunction with the subject restaurant. 19. That the outdoor service of beer and wine shall be, permitted within the confines of the patio seating . area if approved by the State Alcoholic Beverage Control Department. 20. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. In the event that problems • should arise due to inadequate off - street parking, -12- COMMISSIONERS MINUTES October 22, 1987 CITY OF NEWPORT BEACH INDEX the Planning Commission may impose additional conditions such as the removal of outdoor seating, provision of additional off - street parking, or limitation on hours of operation of the facility. 21. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Use Permit No. 3296 (Public Hearing) I Item Ho.4 Request to permit the establishment of a take -out UP3296 restaurant with incidental seating and on and of£ sale beer and wine, on property located in Via Lido Plaza in proved the C -1 -H District. The proposal also includes a, request to waive a portion of the required off- street parking spaces. 10 LOCATION: Parcel No. 1 of Parcel Map 85 -1 (Resubdivision No. 516), located at 3439 Via Lido, on the southerly side of Via Lido between Newport Boulevard and Via Oporto in Via Lido Plaza. ZONE: C -1 -H APPLICANT: Newport Via Lido Associates, Orange OWNER: Same as applicant Chairman Person recognized Mr. John Jay, Vice President of Fritz Duda Company, managing agent for Via Lido Plaza, and partner in Via Lido Associates, who had testified previously regarding Use Permit No. 3284 wherein said testimony would encumber the subject. application. James Hewicker, Planning Director, advised that a letter from Saint James Episcopal Church dated October 13, 1987, addressed to the Planning Commission has recommended denial of the waiver of a portion of the required off - street parking spaces. • The public hearing was opened in connection with this item, and Mr. Dennis O'Neil, 4041 MacArthur Boulevard, appeared before the Planning Commission on behalf of the applicant. Mr. O'Neil referred to his previous -13- COMMISSIONERS MINUTES October 22, 1987 qy CITY OF NEWPORT BEACH ROMWCALL INDEX testimony during the public hearing of Use Permit No. 3284. He recommended that Condition No. 7 regarding alcohol beverages be amended to state that beer and wine shall be permitted within the confines of the patio seating 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. 3296, subject to the findings and conditions in Exhibit "A ", including amended Condition No. 7 which would state "that the outdoor service of beer and wine shall be permitted within the confines of the patio seating area if approved by the State Alcoholic Beverage Control Department." Commissioner Merrill asked the maker of the motion to amend the motion to include added Condition No. 17 that would require maintenance of the outside area. The maker of the motion agreed to the recommended added • Condition No. 17. Motion was voted on to approve Use Permit No. 3296, subject to the findings and conditions in Exhibit "A" which would include aforementioned amended Condition No. 7, and added Condition No. 17 which would state Ayes x x x x x "that the outdoor food court seating area shall be kept Absent x x clean at all times." MOTION CARRIED. FINDINGS: - 1. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to traffic circulation, walls, landscaping, utilities, and a portion of the required parking spaces will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been • in existence for many years. I _14_ COMMISSIONERS CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROL CALL INDEX 4. That a parking study has been prepared which indicates that large numbers of vacant parking spaces are available on the site during lunch time (11:00 a.m. to 1:00 p.m.) and dinner time (6:00 p.m. to 8:00 p.m.). 5. The approval of Use Permit No. 3296 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: - - - 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan. 2. That operation of the facility shall be restricted to the hours between 10:00 a.m. and 12:00 p.m. • daily. 3. That the development standards pertaining to traffic circulation, walls, landscaping, utili -. ties, and a portion of the required parking spaces (23) shall be waived. 4. That five (5) parking spaces shall be provided for the facility. 5. That all employees shall be required to park on -site. 6. That no off -sale of alcoholic beverages shall be permitted unless the Planning Commission approves an amendment to this use permit. 7. That outdoor service of beer and wine shall be permitted within the confines of the patio seating area if approved by the State Alcoholic Beverage Control Department. 8. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage system in accordance with the provisions of the Uniform. is Plumbing Code, unless otherwise approved by the Building Department and the Public .Works Department. -15- COMMISSIONERS ,0 oA m F� A 9 GPy� CC � o vy . CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROL ALL INDEX 9. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 10. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 11. That all exterior lighting and signs shall conform to Chapters 20.06 and 20.72 of the Newport Beach Municipal Code. 12. That all mechanical equipment and trash areas shall be screened. 13. That a trash compactor shall be installed in conjunction with the take -out restaurant facility. 14. That incidental seating within the restaurant shall be limited to 20 chairs unless an amendment to the use permit is approved by the Planning Commission. 15. 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. In the event that problems should arise due to inadequate off - street parking, the Planning Commission may impose additional conditions such as the removal of outdoor seating, provision of additional off - street parking, or limitation on hours of operation of the facility. 16. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 17. That the outdoor food court seating area shall be kept clean at all times. x x -16- COMMISSIONERS yq m�m " m$ Amy CC a 9y - CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROL CALL INDEX Use Permit No. 3297 (Public Hearing) Item No.5 Request to permit the establishment of a take -out restaurant with incidental seating specializing in jjg3297 frozen desserts and baked goods, on property located in Via Lido Plaza in the C -1 -H District. The proposal Approved also includes a request 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 3441 Via Lido, on the southerly side of Via Lido between Newport Boulevard and Via Oporto in Via Lido Plaza. - ZONE: C -1 -H - APPLICANT: Newport Via Lido Associates, Orange - OWNER: Same as applicant • Chairman Person recognized Mr. John Jay, Vice President of Fritz Duda Company, managing agent for Via Lido Plaza, and partner for Via Lido Associates, and Mr. Dennis O'Neil, legal counsel for the applicants, who previously testified during the public hearings on behalf of Use Permit No. 3284 and Use Permit No. 3296. James Hewicker, Planning Director, referred to a letter from Saint James Episcopal Church, dated October 13, 1987, wherein the letter has recommended the denial of the waiver of a portion of the required off - street parking spaces. The public hearing was opened in connection with this item, and Mr. John Jay appeared before the Planning Commission. Mr. Jay explained that the subject restaurant would specialize in ice cream, yogurt, and croissants. Mr. Jay referred to Condition No. 1 regarding the plot plan and floor plan, and he stated that the applicants do not intend to modify said plans. In response to a question posed by Commissioner Di Sano, Mr. Jay replied that the applicants do not intend to sell any alcoholic beverages at the subject restaurant. • There being no others desiring to appear and be heard, the public hearing was closed at this time. -17- COMMISSIONERS �0 Zp O Z Cr � CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROM "CALL INDEX Motion x Motion was made to approve Use Permit No. 3297, subject to the findings and conditions in Exhibit "A ". Commissioner Debay indicated that she has. concerns regarding restroom access for the handicapped, and that the employees of the proposed restaurants shall administer the consumption of the beer and wine outdoors. Chairman Person referred to �t typographical error in Condition No. 12 and requested that said condition be corrected. Motion was voted on to approve Use Permit No. 3297 Ayes x x x x x subject to the findings and conditions in Exhibit "A" Absent x x and to correct Condition No. 12. MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to traffic circulation, walls,, landscaping, utilities, and a portion of the required parking spaces will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 4. That a parking study has been prepared which indicates that large numbers of vacant parking spaces are available on the site during lunch time (11:00 a.m. to 1:00 p.m.) and dinner time (6:00 P.M. to 8:00 p.m.). 5. The approval of Use Permit No. 3297 will not; under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing . and working in the neighborhood or be detrimental or injurious to property and improvements in the • neighborhood or the general welfare of the City. -18- COMMISSIONERS \109�y - CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROM 'CALL INDEX CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan. 2. That no cooking or preparation of food other than frozen desserts, baked goods and beverages shall be permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. 3. That operation of the facility shall be restricted to the hours between 7:00 a.m. and 12:00 p.m. daily. 4. That the development standards pertaining to traffic circulation, walls, landscaping, utili- ties, parking lot illumination and a portion of the required parking spaces (21) shall be waived. 5. That five (5) parking spaces shall be provided for the facility. 6. That all employees shall be required to park on -site. 7. That no alcoholic beverages shall be sold on the premises unless the Planning Commission approves an amendment to this use permit. 8. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 9. That all exterior lighting and signs shall conform to Chapters 20.06 and 20.72 of the Newport Beach Municipal Code. 10. That all mechanical equipment and trash areas shall be screened. 11. That a trash compactor shall be installed in conjunction with the take -out restaurant facility. • 12. That seating shall be limited to 12 chairs unless an amendment to the use permit is approved by the Planning Commission. -19- COMMISSIONERS Gtr mp9i�9$� - 9y � ti CC C$9y CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROL CALL INDEX 13. 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. In the event that problems should arise due to inadequate off - street parking, the Planning Commission may impose additional conditions such as the removal of outdoor seating, provision of additional off - street parking, or limitation on hours of operation of the facility. 14. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section .20.80.090 A of the Newport Beach Municipal Code. * a • Use Permit No. 3291 (Continued Public Hearing) Item No.6 UP 3291 Request to establish a restaurant with on -sale beer and 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 spaces for the restaurant facility. to 11 -5 -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 James Hewicker, Planning Director, stated that he was not present at the September 24, 1987, Planning Commission meeting; however, he said that he had read the Planning Commission minutes, and that he would make . his remarks as a result of reading the aforementioned minutes. In reference to the waiver of parking spaces, he said that the Planning Commission has granted -20- COMMISSIONERS y F�^ogmm AG�N 99 .p99y, yy oy C � yo CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROLWALL INDEX waivers in the past when the intensity of a use of a building has been increased. He referred to the applicant's comments that he is not requesting a waiver of parking, whereby Mr. Hewicker responded that the Planning Commission is not obligated under any circumstances to grant the waiver; however, if there would be no waiver of parking spaces, then the applicant would be required to provide the original eight parking spaces required for the commercial space in addition to the five parking spaces required for the more intense use of a restaurant facility. In reference to the square footage of the "net public area" that is to be provided within the restaurant, Mr. Hewicker stated that the applicant indicated that the square footage would be reduced to 520 square feet. He commented that the Planning commission requested that the plans be revised and transmitted to staff and to the Planning Commission; however, Mr. Hewicker commented that staff and the Planning Commission have not received said plans from the applicant. . In reference to parking, Mr. Hewicker stated that the applicant indicated that in his current leases with the tenants of his property, he had no control of the tenants' hours of operation. Mr. Hewicker commented that when the Planning Commission takes action they must do so with the thought that there must be specific control either by the landlord or the tenant of the business over some parking spaces for that particular I se. He suggested that if, the waiver of parking is granted for the eight parking spaces, then the applicant should provide the five parking spaces for the restaurant use during the hours of operation, inasmuch as the City cannot rely upon the restaurant, patrons being able to park in parking spaces that may . be utilized!by tenants. Mr. Hewicker commented that the applicant indicated that he is going to have a catering business operating from the subject site; however, he advised that he was not aware from the application or the plan where the catering vehicle is going to be parked. Mr. Hewicker recommended that Condition No. 15 be - modified to state that the handicapped parking stall shall be identified by a sign on a post at the front of the parking stall, and if the applicant has a desire to paint a handicapped sign on the surface of the parking stall, he may do so at his own option. -21- COMMISSIONERS .p A sjI"f_0�. Ah Z�G t^yop9i�,9y � 9yoC`1�9y MINUTES October 22, 1987 CITY OF NEWPORT BEACH ROL CALL INDEX Chairman Person maintained that when applications are approved that the Planning Commission takes into consideration the existing square footage on a site; however, they don't consider it a parking waiver but call it a parking credit. Mr. Hewicker stated that it can be considered both ways. Chairman Person advised that when a public notice goes out on an existing nonconforming use where parking is not provided, that under normal circumstances the City includes in the public notice that the applicant is requesting a waiver of parking. Mr. Hewicker stated that when there is a parking waiver or credit given for an existing nonconforming nature of the use, the public notice has included that information in the past. Carol Korade, Assistant City Attorney, referred to Section 20.30.030B(3) of the Municipal Code regarding the enlargement of a nonconforming building or use. Mr. Hewicker indicated that the subject application is not a physical enlargement of the building, but an intensification of use. • Don Webb, City Engineer, referred to the memorandum that was distributed to the Planning Commission prior to the subject public hearing regarding Condition No. 23, requiring the applicant to provide curb, gutter, and sidewalk for the frontage of the site. He said that the condition has been modified to delete the concrete street pavement requirement; however, the condition still requests that curb, gutter, and sidewalk be constructed across the frontage of the property. Staff is interpreting the frontage of the site to be approximately 135 feet in length which is the southerly portion of the site. Said frontage would consist of the area in front of the restaurant, the storage building, and the adjoining parking lots. He said that the subject proposal is an intensification of the use under what is currently existing which is vacant commercial space, and prior to that, a landscape fountain business. Mr. Webb indicated that more vehicles and pedestrians would be using the site, and that in order to provide for the safety and welfare of the patrons, staff is recommending that the sidewalk be installed across the frontage of the site where staff feels the pedestrians will be using it the most. in reference to the applicant's request that the • installation of the sidewalk be postponed from six to nine months after the restaurant is open for business, Mr. Webb stated that staff has agreed that the request -22- COMMISSIONERS 0 � lklo 'y CITY OF NEWPORT BEACH MINUTES October 22; 1987 ROL CALL INDEX . is reasonable; however, he commented that the frontage would be under construction for one or two weeks. Mr. Webb suggested a surety that the work would be completed, and he suggested either a bond, or a certificate of deposit in which the funds would be deposted in a bank drawing interest which would be paid to the applicant so that at the time of completion the funds could be removed. Mr. Webb estimated the cost of the 135 foot frontage of the curb, gutter, and sidewalk to be approximately $8,000.00 to $10,000.00. Commissioner Di Sano referred to previous concerns regarding the concrete pavement and the poorly lighted area. Mr. Webb replied that there is no street light system that has been installed on Old Newport Boulevard, and that it would be expensive to install the lights for the entire area. Mr. Sid Soffer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission. Mr. Soffer requested that Mr. Webb explain a discussion that they had on • this date regarding curb, gutter, and sidewalks. Mr. Webb replied that they had discussed the requirement of the parcel map which "triggered" the requirement for curb, gutter, and sidewalk. Mr. Soffer concurred; however, he stated that the aforementioned Condition No. 23 was contrary to their earlier discussion. Mr. Soffer explained that it was his understanding that the subject restaurant building straddles the property line; therefore if the new construction is over $5,000.00, no building permit shall be issued until a parcel map is recorded. He said that under the Subdivision Code, there is a section that he objects to which provides for all of the requirements to be brought up to City standards including curb, gutter, and sidewalk. Mr. Soffer contended that if the site remains as a commercial use then it would be the City's burden to upgrade the area; however, for the safety of the restaurant's customers he would be required to pay . for the curb, gutter, and sidewalk. In reference to the parking requirements, Mr. Soffer suggested if there is a necessity for additional parking after the restaurant has opened, then the applicant be required to decrease the restaurant seating or come up with additional parking. Mr. Soffer stated that he had requested credit of parking on the • southern portion of his property for four automobiles; however, he said that request was denied by staff because the customers would have to back out 25 feet to -23- COMMISSIONERS y� 0 � 4o�a��B G� � No 9i'�t^92gX yo ZC`f�9y CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROL CALL INDEX North Newport Boulevard. Mr. Soffer emphasized that he took the adjoining building off the market so as to use the space for restaurant storage; however, staff has requested that the curb and gutter be constructed in front of that building whereby he decided that he would no longer use the building for the subject restaurant storage but storage for the Blue Beat Restaurant. Mr. Soffer questioned how staff can take away credit for parking and still be obligated to construct curb, gutter, and sidewalk in front of a building that is used for storage. Mr. Soffer requested additional time after the five minute bell rang wherein discussion followed between Chairman Person and Mr. Soffer regarding the objections that Mr. Soffer had with staff. Chairman Person suggested that the item be continued for two weeks so that Mr. Soffer could meet with staff so as to clarify his concerns. Mr. Soffer objected to a two week continuance because of the time and money that the previous 30 day continuance had already cost him. Mr. Soffer continued his presentation and he referenced the requests for a parcel map, the necessity of a parcel map for construction in excess of $5,000.00 in one year, and the health, safety, and welfare of the public. He indicated that he could request a lot line adjustment or he could move the building instead of the requirement of a parcel map. In reference to the restaurant parking and the request in Condition No. 14 that the applicant shall place a condition on the tenant leases limiting their operations to the hours before 6:00 p.m. daily, Mr. Soffer objected because that would put a lease restriction on all of the tenants. The Planning Commission recessed at 8:35 p.m. and reconvened at 8:43 p.m. Discussion followed between Chairman Person and Mr. Soffer regarding a continuance of the subject public hearing, and the requests made by the Planning Commission subject to the continuance of the public hearing on September 24, 1987. In reference to the Planning Commission's request that Mr. Soffer submit a- revised plot plan, Chairman Person advised that during • a subsequent conversation with the applicant, he suggested to the applicant that a plot plan would be helpful to the Planning Commission for their review. -24- COMMISSIONERS MINUTES October 22, 1987 CITY OF NEWPORT BEACH INDEX Mr. Soffer explained how he had measured 520 square feet of "net public area" as requested and that the area came to almost where the kitchen is located, whereas he concluded a condition states that there cannot be more than 520 square feet of "net public area ", and that square footage could be accomplished within the building's structure. He said that he explained to staff that the revision to the plan was so small that it would not show significantly on a plan. In reference to the September 24, 1987, Planning Commission meeting, Chairman Person referred to the Public Works Department's request regarding the installation of curb, gutter, and sidewalk, plus the concrete pavement on North Newport Boulevard. Chairman Person pointed out that the applicant had objected to the 10 to 12 feet of concrete pavement whereas the Public Works Department deleted that requirement, however, the curb, gutter, and sidewalk continued to be a requirement. Discussion followed between Chairman • Person and Mr. Soffer regarding the 300 feet of street frontage originally requested to upgrade the area which was later modified by staff to a frontage of 135 .feet. Mr. Soffer commented that he does not presently know where the restaurant seating will be located. In reference to the approximate $10,000.00 that the upgrading could cost, Mr. Soffer replied that he had anticipated that the entire investment for the proposed restaurant would be $60,000.00 excluding the $10,000.00 for the public improvements. He maintained that there is no Code or Ordinance that requires that investment. Mr.- Hewicker commented that the Municipal Code and the filing instructions specify the information that is to be provided by the applicant so that the Planning Commission may make an independent decision. He said that if the Planning Commission feels that the plans that have been provided are not adequate or they desire additional information, then the Planning Commission may continue the public hearing so that the information may be obtained so as to make a decision. Commissioner Winburn suggested that the use permit be continued for two weeks. Mr. Soffer emphatically • requested that the Planning Commission make a final determination, and if the Planning Commission denies the project, he could appeal the decision to the City Council because a continuance would only delay the project further. -25- COMMISSIONERS i .p •0 �f..f �G�y 9N�9CC $ o 9,y . CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROMbALL INDEX Commissioner Debay stated that she would support a continuance of the subject use permit because she had concerns regarding the parking for the catering vehicle, and that the parking regulations, and the curb and gutter requirements are not clear. Mr. Hewicker referred to the Planning Commission minutes of September 24, 1987, wherein it was requested that the applicant return to the subject public hearing with revised restaurant plans indicating the "net public area ", and the parking layout that would be permissable by staff. Mr. Soffer pointed out the parking requirement described in the staff report stated that the parking would be acceptable if the parking area would be restriped. Chairman Person requested that the parking plan indicate how the parking would work on the subject site. Mr. Hewicker explained that staff's concern is whether or not the required five parking spaces could . be redesigned on -site. Son Motion was made to continue Use Permit No. 3291 to the x November 5, 1987, Planning Commission meeting. Commissioner Winburn explained that the Planning Commission does not have a revised plot plan so as to make a decision, and that the two week continuance would allow the applicant and staff additional time to resolve their misunderstandings. In response to a question posed by Commissioner DiSano, Chairman Person replied that it would be inappropriate to close the public hearing and vote on the application until after concerned citizens have stated for the record what their concerns are regarding the proposed restaurant. Commissioner Di Sano stated that he has concerns regarding the application that have not been addressed, and that he would support the continuance of the use permit. Motion voted on to continue Use Permit No. 3291 to the Ayes x x x x x Absent November 5, 1987, Planning Commission meeting. MOTION x x CARRIED. Mr. Soffer rebutted that he would appeal the Planning Commission's decision because it is not a final decision. Assistant City Attorney Carol Korade replied . that since the continuation is not a final decision of the Planning Commission, it would be her opinion that -26- COMMISSIONERS 9y . CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROL ALL INDEX the item is not an appealable decision because of the findings, conditions, recommendations, and testimony that must be forwarded to the City Council for their review. Mr. Soffer was emphatic regarding the Planning Commission's decision; however, he said that he would accept Ms. Korade's statement. Mr. Soffer pointed out that reference to Exhibit "B ", to deny the proposed restaurant, was not attached to the staff report. Resubdivision No. 855 (Public Hearing) Item No.7 8855 Request to resubdivide an existing lot into a single parcel of land for two unit residential condominium — purposes on property located in the R -2 District. Approved LOCATION: Lot 4, Block 635, Corona del Mar, located at 602 Heliotrope Avenue, on the southeasterly side of Heliotrope Avenue, between Third Avenue and Fourth Avenue, • in Corona del Mar. ZONE: R -2 APPLICANT:- - P. Michael Gregson, Newport Beach OWNER: Same as applicant - ENGINEER: Alpine Consultants, Inc., Costa Mesa -- William Laycock, Current Planning Manager, recommended that Condition No. 1 be revised to state "That a parcel map shall be recorded prior to occupancy of the dwelling units." He explained that this revision would allow the applicant to obtain a building permit and go through the process of starting construction; however, they would not receive final occupancy until after the parcel map had been recorded. Mr. Laycock concurred with Commissioner Di Sano that the condition would permit the applicant to obtain a building permit and construction financing but would prohibit him from occupying the dwelling. Mr. Laycock explained that the applicant would obtain a building permit for a duplex, and that the parcel map would • enable the duplex to become a two unit condominium. -27- COMMISSIONERS MINUTES \ _ October 22, 1987 CITY OF NEWPORT BEACH INDEX The public hearing was opened in connection with this item, and Mr. Todd Schooler, 503 - 32nd Street, appeared before the Planning Commission. Mr. Schooler stated that he concurred with the findings and conditions in Exhibit "A ", including amended Condition No. 1. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion lxllllll Motion was made to approve Resubdivision No. 855 Ayes x x x x x subject to the findings and conditions in Exhibit "A ", Absent x x including amended Condition No. 1. Motion voted on, 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 shall be recorded prior to occupancy of the dwelling units. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That all vehicular access to the property be from the adjacent alley. -28- COMMISSIONERS MINUTES October 22, 1987 CITY OF NEWPORT BEACH INDEX 6. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 8. That the deteriorated and displaced portions of curb and sidewalk be reconstructed along the Heliotrope Avenue frontage under and encroachment permit issued by the Public Works Department. r • t Resubdivision No. 856 (Public Hearing) Item No.8 Request to resubdivide an existing lot into a single R856 parcel of land for two unit residential condominium — purposes on property located in the R -2 District. Approved . LOCATION: Lot 2, Block 635, Corona.del Mar, located at 600 Heliotrope Avenue, on the northeasterly corner of Heliotrope Avenue and Third Avenue, in Corona del. Mar. ZONE: R -2 APPLICANT: P. Michael Gregson, Newport Beach OWNER: Same as applicant ENGINEER: Alpine Consultants, Inc., Costa Mesa William Laycock, Current Planning Manager, recommended that Condition No. 1 be revised to state "that a parcel map shall :be recorded prior to occupancy of the dwelling units. ", as previously explained during the testimony for Resubdivision No. 855. The public hearing was opened in connection with this item, and Mr. Todd Schooler, appeared before the Planning Commission on behalf of the applicant. Mr. Schooler stated that he concurs with the findings and conditions in Exhibit "A ", including amended Condition No. 1. • There being no others desiring to appear and be heard, the public hearing was closed at.this time. -29- COMMISSIONERS Motion Ayes Absent. • MINUTES October 22, 1987 CITY OF NEWPORT BEACH X Motion was made to approve Resubdivision No. 856 x x x X subject to the findings and conditions in Exhibit "A" X x including aforementioned amended Condition No. 1. 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 shall be recorded prior to occupancy of the dwelling units. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That all vehicular access to the property be from the adjacent alley unless otherwise approved by the City Council. 6. 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. 7. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public -30- INDEX COMMISSIONERS y mGy 11srflvpy 1p � CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROM ALL INDEX improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 7. That the deteriorated and displaced portions of curb and sidewalk be reconstructed along the Heliotrope Avenue frontage; that deteriorated and displaced portions of curb be reconstructed along the 3rd Avenue frontage; that the curb return at the intersection of 3rd Avenue and Heliotrope Avenue be reconstructed to a 20 foot radius, and _ that a curb access ramp be constructed in the new return per City Standard 181 -L. (This construction will require the relocation of a Post Office mail box); and that sidewalk be constructed along the 3rd Avenue frontage unless otherwise approved by the Public Works Department. x x x Use Permit No. 3071 (Amended) (Public Hearing) Item No.9 • Request to amend a previously approved use permit which UP3071(A) allowed the expansion of the operational characteris- tics of the existing Newport Beach Tennis Club. The proposed amendment is a request to install additional Approved tennis court lighting, to install security lighting.in the parking lot, and to expand the existing tennis club office. LOCATION: Lot 66, Tract No. 6905, located at 2601 Eastbluff Drive, on the westerly side of Eastbluff Drive, between Vista del Oro and Vista del Sol, in the Bluffs. ZONE: R- 4 -B -2, PRD and C -N -H APPLICANT: Newport Beach Tennis Club, Newport Beach OWNER: - William K. Parker, Newport Beach William Laycock, Current Planning Manager, referred to page 4 of the staff report regarding the existing tennis court lighting wherein it states that Court No. 18 is lighted although a use permit was not approved for said lighting. He informed the Planning Commission that Courts No. 11 and 19 are also lighted, and that no • use permit has been approved for the lighting. Mr. Laycock .advised that the applicant is requesting that said courts be approved for lighting in addition to the other tennis courts discussed in the staff report. -31- COMMISSIONERS �0 OSOMm CITY OF NEWPORT BEACH MINUTES October 22, 1987 R&WALL INDEX In response to a question posed by commissioner Winburn, Mr. Laycock replied that there have been no complaints regarding the court lighting. James Hewicker, Planning Director, referred to a letter addressed to the Planning Commission dated October 14, 1987, from Bernard B. Pegg. The public hearing was opened in connection with this item, and Mr. Bill Parker, owner, appeared before the Planning Commission. Mr. Parker stated that the owners have invested $80,000.00 since January replacing light fixtures and that they are requesting to install lights on courts that have not been lighted. He indicated that the applicants will shut off the new court lights at 9:00 p.m. so as not to disturb the neighbors. Mr. Parker requested that security lights be installed in the parking lot, and he stated that the security lights would be shut off at 10:00 p.m. He explained that the expansion of the Court Director's Office shall not be visible from the adjoining neighbors and that the office shall be for the comfort of the staff. In response to a question posed by Chairman Person, Mr. Parker stated that the applicants concur with the findings and conditions in Exhibit "A ". In response to questions posed by Commissioner Winburn, Mr. Parker replied that the court lights will stay on only while the court is being used. He further replied that the lights will be shut off by the tennis court personnel, and there will also be a timer so that the lights will be shut off automatically. In response to a question posed by Commissioner Merrill, Mr. Parker stated that there are infrequent parties inside the restaurant after 10:00 p.m.; however, the restaurant and lounge are permitted to remain open after 10:00 p.m. each evening. In response to a question posed by Chairman Person, Mr. Parker replied that the applicants contacted the North Bluff villas Community Association and the Bluff Homeowners Community Association as requested by staff; however; they were not informed by staff to contact the Eastbluff Homeowners Community Association. • In response to questions posed by Mr. Hewicker, Mr. Parker replied that Courts No. 11, 18, and 19 were lighted when the present owners purchased the Newport Beach Tennis Club in March, 1986. -32- COMMISSIONERS Ate'%¢ Or Ota CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROL CALL INDEX In response to a question posed by Commissioner Di Sano, Mr. Parker replied that he was not aware of the aforementioned letter from Bernard Pegg. Mr. Parker explained that he had discussed previous tennis court lighting with Mrs. Pegg regarding Center Court when they temporarily removed the new light fixtures because of lighting deficiencies. In response to a question posed by Commissioner Di Sano, Mr. Parker replied that the applicants had previously installed security lights that were not in accordance with the Zoning Code, and they requested that staff recommend proper security lights. Mr. Herbert A. Bieber, Bieber Light Corporation, Inglewood, appeared before the Planning Commission to describe the security lights that will be installed in the parking lot and how the light glare will be totally shielded. Mr. Hewicker commented that the lighting company has installed many light fixtures throughout the City, and in response to a question posed by Commissioner Debay, he said that there have not been any complaints regarding the lights. Mr. Bernard Pegg, 2636 Bamboo Street, appeared before the Planning Commission in reference to his aforementioned letter. Mr. Pegg advised that he is impressed with the quality of the lighting currently on the tennis courts; that he had not read the conditions before he wrote the letter; that there will not be a request for additional tennis court lights unless the applicants intend to build additional courts; and that he was concerned that many of the surrounding homeowners were not properly advised of the additional lighting. He approved the present parking lot lighting; however, he stated that he had concerns regarding the control of the activities within the parking lot after 10:00 p.m. 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. 3071 (Amended) subject to the findings and conditions in Exhibit "A ". -33- COMMISSIONERS 9y CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROL CALL INDEX Chairman Person referred to Condition No. 33 of the Conditions of Approval recommended by the Planning Commission to the City Council on July 5, 1984, and requested that said condition be amended to conform with the language that has recently been imposed by the Planning Commission as follows: 5. 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. The maker of the motion concurred with the recommendation to add Condition No. 5. - Ayes x x x x x Motion was voted on to approve Use Permit No. 3071 (Amended) subject to the findings and conditions in �t x x Exhibit. "A ", including the addition of Condition No. 5. MOTION CARRIED. FINDINGS: 1. That the existing and proposed tennis club facili- ty is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impacts. 3. That the proposed tennis court lights and security lights will be installed in such a manner so as to conceal the light source and to minimize light spillage and glare to the adjoining residential properties and streets. 4. The approval of Use Permit No. 3071 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the • neighborhood or the general welfare of the City. -34- COMMISSIONERS G t� mp 9i F9�''9i. 9y y C` (92 CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROL CALL INDEX CONDITIONS: - - 1. That the proposed project shall be in substantial conformance with the approved plot plan, floor plans, elevations and the submitted lighting manufacturer's specifications, except as noted below. 2. That all previous applicable conditions of ap- proval of Use Permit No. 3071 (Amended), as approved by the City Council on August 27, 1984, shall be fulfilled. 3. That all existing and proposed tennis court lights and the parking lot security lights shall be operated by an electric timer and shall be turned off no later than 10:00 p.m. daily. 4. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport • Beach Municipal Code. 5. 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. • -35- COMMISSIONERS MINUTES October 22, 1987 CITY OF NEWPORT BEACH Use Permit No. 3298 (Public Hearing) Request to permit the the expansion of existing living rooms in two dwelling units of a nonconforming, four - plex, on property located in the Retail and Service Commercial portion of the Cannery Village /McFadden Square Specific Plan Area. Said fourplex is noncon- forming in that: (1) Two of the four dwelling units are located on the first floor, whereas the Cannery Village/McFadden Square Specific Plan permits residen- tial development only on the second floor in commercial areas. (2) Four dwelling units are provided on the 3,125 sq.ft. lot, whereas said Specific Plan permits only one dwelling unit per 2,000 square feet of land area. (3) only four parking spaces, or one per dwell- ing unit are provided, whereas the Specific Plan requires that 2 spaces per unit, or a total of 8 spaces be provided. (4) That two of said parking spaces are substandard. • LOCATION: Lot 2, Block 22, Newport Beach Tract; located at 2202 West Ocean Front, on the northeasterly side of West Ocean Front, between 22nd Street and 23rd Street, in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: Henry A. Johnson, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Henry Johnson, applicant, appeared before the Planning Commission. Mr. Johnson reviewed the request. In reference to the staff report, Mr. Johnson . corrected the Analysis paragraph to state that "the. applicant is now proposing to construct a 414± square foot addition to the rear second floor unit and a 171± square foot addition to the front second floor unit." He explained that he is extending the existing wall in the upstairs front unit by 9 feet; that this is a nonconforming building within the McFadden Square Specific Area Plan; that there will be no additional bedrooms, bathrooms, or kitchens; that the improvements • will upgrade the property and prolong the use of the site; and that unless he could improve the building it would not be financially feasible to upgrade the property. -36- INDEX Item -No. 10 UP3298 Approved COMMISSIONERS A o ; F Or Off^ y FFOgm m O it^� yCC50 CITY OF NEWPORT BEACH MINUTES October 22, 1987 -4 ROL ALL 1 INDEX In response to a question posed by Chairman Person, Mr. Johnson stated that he concurs with the findings and conditions of approval in Exhibit "B ". In reference to Condition No. 2, he replied that because the laundry room is adjacent to the garage, the parking space has been shortened by one foot. He explained that the parking space could be utilized as a sub- compact parking space. In response to a question posed by Commissioner Merrill, Mr. Johnson replied that he has owned the property for about 15 years. Mr. Johnson concurred with Commissioner Di Sano's statement that he has no intent to add additional rooms; however, if he upgraded the property he would be able to justify a rent increase. Mr. Johnson explained that he has no intentions to rent to transient tenants. Mr. Sid Soffer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission. Mr. Soffer referred to • the existing nonconforming conditions and he contended that if a project is built with a use permit it then becomes a nonconforming building. He pointed out that the applicant is not requesting additional rooms or occupancy; that the aforementioned parking space could accommodate a compact -size automobile; and he questioned the Findings for Denial in Exhibit "A" as opposed to the Findings for Approval in Exhibit "B ". Mr. Laycock, Current Planning Manager, stated that staff scaled off the garage space in front of the laundry room on the floor plan submitted by the applicant, and that the depth of the garage space is only 14 feet, .and not 17 feet, and the Zoning Code requires that parking spaces maintain a depth of 19 . feet. Mr.: Johnson reappeared before the Planning. Commission and he replied that he had recently measured the depth of said garage space, and that it had a depth of 17 feet; therefore, the drawing was in error. In response to a question posed by Commissioner Di Sano, Mr. Johnson replied that the building was constructed in either 1961 or 1962. In response to a question posed by Chairman Person to . staff, Mr. Laycock replied that there was no special reason why staff reassigned the application to a new use permit number except that Use Permit 601 was dated April 21, 1960. -37- COMMISSIONERS yq AFfit`�AONO0 AG ��ip �9 .C9'9x g92 MINUTES October 22, 1987 CITY OF NEWPORT BEACH ROMPCALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to a question posed by Commissioner Di Sano, Mr. Hewicker replied that the subject building would last an additional fifty years, depending upon environmental exposure. Motion x Motion was made to approve Use Permit No. 3298, subject to the findings and conditions in Exhibit "B ". Commissioner Di Sano recognized staff's statement wherein it is stated that one intent of the McFadden Square Specific Area is to upgrade the area, and he referred to the staff report which states that "The Land Use Element of the General Plan further contains area land use policies for McFadden Square which seek 'a more rational land use pattern' for the area, and to disallow further residential development in commercial zones 'unless approved as part of an overall plan."' He explained that the building is only 27 years old, • and that he understands the rationale of the applicant requesting an opportunity to improve his premises, that he is not bringing more people into the area, and to give the applicant an opportunity to upgrade the area and the opportunity to use his full property rights. Commissioner Debay stated that she would support the motion on the premise that the applicant rents his apartments to long term tenants. Ayes x x x x x Motion was voted on to approve Use Permit No. 3298, Absent x x subject to the findings and conditions in Exhibit "B ". . MOTION CARRIED. FINDINGS: 1. Although the existing residential fourplex is inconsistent with the goals of the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan, the proposed additions to the nonconforming use are not significant in this case and further that the issue of alterations and additions to nonconforming uses is not specifically precluded by the General Plan and the Local Coastal Plan. 2. That the proposed additions to the structure will. • not increase any nonconforming condition nor create any new nonconforming condition on the site. -38- COMMISSIONERS g%A �L�o•° C y ry CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROL ALL INDEX 3. That the design of the development or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. The project will not have a significant environmental impact. 5. That the proposed additions involve the expansion of existing rooms and therefore will not increase the parking demand for the site. 6. The approval of Use Permit No. 3298 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. • CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as noted below. 2. That the illegally constructed wall within the rear garage which encloses the laundry area, shall be removed so as to provide two parking spaces 18 feet in depth. 3. That one garage parking space shall be provided for each dwelling unit and shall be maintained for vehicular storage at all times. 4. That the 10 foot rear yard setback on the ground. floor shall be kept free and clear at all times and shall not be used for parking purposes inasmuch as said parking would block access to a required parking space for one of the existing dwelling units. 5. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport • Beach Municipal Code. -39- COMMISSIONERS CITY OF NEWPORT BEACH D I S C U S S O N I T E M S: Use of Mobile Office T ,nal facility located Request to consider the temporary days) of mobile office structures in the Light Industrial Site No. 1 Newport Planned Community. ZONE: P -C MINUTES October 22, 1987 INDEX DISCUSSION ITEMS Item No.l .Rockwell use (less than 90 Int' 1. on property located of the Koll Center APPLICANT: Rockwell International, Newport Beach OWNER: Same as applicant Mr. Sam Goldstein appeared before the Planning Commission on behalf of the applicants and he expressed the applicants' desire to cooperate with the City's requests so they may install the temporary modular units. He stated that the applicants have contacted The Koll Company regarding the request and that The Koll Company has not objected to the proposal. He explained that the temporary modular units will be used to house personnel who are working in an office environment. Mr. Goldstein stated that the use permit will request the temporary modular units for approximately two to three years. • I I I I I I I I In response to questions posed by the Planning Commission, Mr. Goldstein stated that the applicants will be responsible for the costs that will occur S[lL James Hewicker, Planning Director, stated that he has met with representatives of Rockwell International who have requested that temporary modular units be • installed for temporary office use on their property located on Jamboree Road. Mr. Hewicker indicated that the Zoning Code states that the Planning Director may allow temporary uses of property up to ninety days with the finding of the Director that the project is in conformance with the General Plan and does .not adversely affect the welfare of the City. Mr. Hewicker advised that the applicants will apply for a use permit to permit the temporary use for a longer period of.time within ninety days. Mr. Hewicker requested that the Planning Commission give direction to staff to allow staff to give the applicants permission to install the modular units on a temporary basis. Mr. Sam Goldstein appeared before the Planning Commission on behalf of the applicants and he expressed the applicants' desire to cooperate with the City's requests so they may install the temporary modular units. He stated that the applicants have contacted The Koll Company regarding the request and that The Koll Company has not objected to the proposal. He explained that the temporary modular units will be used to house personnel who are working in an office environment. Mr. Goldstein stated that the use permit will request the temporary modular units for approximately two to three years. • I I I I I I I I In response to questions posed by the Planning Commission, Mr. Goldstein stated that the applicants will be responsible for the costs that will occur S[lL COMMISSIONERS .p �.f Oi. Ctn �NOy9f��9o9x � �y �'y . CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROMPEALL INDEX through the use permit process. He further stated that the personnel that will be housed within the modular units will be employed by the commercial division and not by a Federal Government contract. Mr. Goldstein explained that the modular units will contain restroom facilities. Request to Initiate an Amendment to Title 20 of the Newport Beach Municipal Code regarding Temporary Real Estate Signs. Item No•2 INITIATED BY: The City of Newport Beach Motion Ayes x x x x x x Motion was made and voted on that the Planning Commission set this item for public hearing on November Real Estate Signs Absent x x 5, 1987. MOTION CARRIED. - • Earthquake Gas Safety Valves Item N0.3 Report regarding desirability and procedure for Earthquake adopting an ordinance requiring the installation of Safety safety valves on new construction projects. Valves INITIATED BY: The City of Newport Beach - Ms. Gail.Roseen, District Manager, Southern California Gas Company, 5000 Birch Street, appeared before the Planning Commission to address the Gas Company's position regarding gas safety valves. She stated that they support gas valves only when occupants of the building are away from the structure because the valves would shut the gas meter off automatically. She said that the Gas Company opposes the valves because the devise may be triggered by other types of movement other than earthquakes, such as heavy truck traffic; they do not detect a gas leak; that once the gas meter is shut off they must be reset; and that many people will attempt to turn the valves on and they may not know what they are doing. She stated that gas may be the only source of sterilization for the elderly or sick, and she stated that there could be many weeks before the Gas Company would be able to restore the gas. service. Ms. Roseen cited that the Gas Company has • estimated that the cost to new homes would increase approximately $300.00. She reported the statistics that the Gas Company has gathered from the recent -41- COMMISSIONERS yA 00 0 O�d yy . CITY OF NEWPORT BEACH MINUTES October 22, 1987 ROM "CALL INDEX earthquakes. Ms. Roseen emphasized that the resetting of valves would be a low priority during a major earthquake. She commented that for safety reasons the Gas Company would not recommend leaving a wrench on the gas meter. The Planning Commission discussed earthquake safety valves with Ms. Roseen. Ms. Roseen explained that the Gas Company has isolation areas within the City of Newport Beach that contain valves that shut off gas to neighborhoods up to 10,000 homes, and that these areas are known only to Gas Company personnel for security reasons. Mr. Dave Goff, 5212 River Avenue, appeared before the Planning Commission. He requested that the idea of gas safety valves be given sufficient thought, and he recommended that manufacturers of the valves be contacted for their reports. Mr. Sid Soffer appeared before the Planning Commission and commented that he did not believe that the staff report was adequate. Discussion ensued between the Planning Commission and staff. Mr. Hewicker suggested that the Planning Commission could make a request to the City Council that they initiate a study regarding the gas safety valves, and the City Council could direct City Departments to do the necessary research. The Planning Commission directed the Planning Director to draft a letter to the City Council. A D D I T I O N A L B U S I N E S S: - Additional Business Motion x Motion was made and voted on to excuse Chairman Person Ayes x x x x x from the November 5, 1987, Planning Commission meeting. Excused Absent x x A D J O U R N M E N T: 10:20 p.m. Adjournment Jr it k JAN DEBAY, SECRETARY • CITY OF NEWPORT BEACH PLANNING COMMISSION -42-