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HomeMy WebLinkAbout10/23/1986COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES .o PLACE: .City Council Chambers y G 0,0 G C+ TIME: 7:30 p.m. DATE: October 23, 1986 ` 9y0 �� CITY OF NEWPORT BEACH ROLL CALL INDEX Present x x is x x Absent x x Commissioner Koppelman and Commissioner Person were absent. EX- OFFICIO MEMBERS PRESENT: James Hewi;cker, Planning Director Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Administrator Donald Webb, City Engineer -Dee Edwards, Secretary x * � Minutes of October 9, 1986: Minutes of 10 -9 -86 Motion x Motion was made to approve the October 9, 1986, x x x Planning Commission Minutes. Motion voted on, MOTION n P x CARRIED. Ab x x * : x Request for Continuances: Request for James Hewicker, Planning Director, stated that the Continuance applicant, Christine D. Frank, requested that Item No. 5, Use Permit No. 3231 regarding the expansion of an existing day care facility located at 2430 Holly Lane, be removed from calendar; that the applicant, Lloyd Flodin, requested that Item No. 7, Use Permit No. 3235 regarding a take -out restaurant specializing in muffins and frozen yogurt located at 3025 East Coast Highway, be continued to the November 6, 1986, Planning Commission Meeting; that the applicant, Sidney Soffer, requested that Item No. 10, Use Permit No. 3240, regarding an .outdoor eating area at the Blue Beet Restaurant, located at 107 - 21st Street, be continued to the Planning Commission Meeting of November 6, 1986; that the applicants, Howard Tuttle and Bob Newberry, requested that Item No. 11, Tentative Map of Tract No. 12873, in conjunction with a 6 lot single family dwelling subdivision, located at 2505 Cliff Drive, be continued to the November 6, 1986, Planning Commission • Meeting; and that staff has requested that Item No. 12, COMMISSIONERS MINUTES October 23, 1986 CITY OF NEWPORT BEACH INDEX Request to establish grade, located at 3308 Ocean Boulevard, be continued to the November 6, '1986 Planning Commission Meeting. Motion x Motion was made to continue Item No. 7, Use Permit No. Ayes x x x x x 3235; Item No. 10, Use Permit No. 3240; Item No. 11, Absent x x Tentative Map of Tract No. 12873; and Item No. 12, Request to Establish Grade be continued to the November 6, 1986, Planning Commission Meeting. Motion voted on, MOTION CARRIED. Waiver of Parcel Map (Discussion) Item No.l- Request to waive the requirement of a parcel map for Waiver of the combining of lots in conjunction with the con- parcel Map struction of a shared parking structure in the Bayview Planned Community. Approved • LOCATION: Lots 5, 6 and 7, Tract No. 12528, located at 201 Crystal Bay Drive, comprising the entire block surrounded by Crystal Bay Drive and Bayview Place, within the Bayview Planned Community. ZONE: P -C APPLICANT: J. M. Peters Co., Inc., Newport Beach OWNERS: Bayview Associates and Downey Savings and Loan, Newport Beach Mr. Bob Trapp, representing the applicant, appeared before the Planning Commission. Mr. Trapp stated that the applicant concurs with the findings and conditions in Exhibit "A ". -2- James Hewicker, Planning Director, referred to Condition No. 3, stating "that prior to the issuance of a building permit, a covenant shall be recorded to require that the site be held as one for the life of the structure ", and he recommended that an ingress, egress agreement be added to that condition. Mr. Hewicker explained that the City has previously required mutual ingress, egress agreements for parking lots on more than one lot which set forth the manner in . which the parking lots are to be operated as to access -2- COMMISSIONERS October M"N,�JJ S 0 a \\\M CITY OF NEWPORT BEACH I MROLC—CALLIJ I Jill I I INDEX and parking. He further explained that the parking structure would be controlled so that all interested parties will be able to use the building over the period of time that. the structure exists on the property. Mr. Hewicker commented that Downey Savings and Loan has drawn up, an agreement that will be reviewed by the Planning Department and the City Attorney., Motion x Motion was made to approve the Waiver of a Parcel Map, Ayes x is x x x subject to the findings and conditions in Exhibit "A ", Absent x x including the following to be added to Condition No. 3: "In addition, there shall be a document recorded satisfactory to the City Attorney and the Planning Director, providing for a mutual easement for ingress, egress and parking on the subject lots ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the building site must be held as separate lots for financing purposes, which prevents the applicant from combining the properties into a single building site. 2. That the entities proposing to use the site hold title to the land, and the estate in real property is of sufficient length to guarantee that the lots which constitute the building site will be held as a single entity for the economic duration of the building improvement to be placed on the site. CONDITIONS: 1. That the applicant shall indemnify and hold harmless the City in a manner satisfactory to the City Attorney in conjunction with the waiver of the parcel map. 2. Should the subject property ever be held under a single ownership, this waiver shall become null and void and the property owner shall obtain the approval of a resubdivision. -3- 3. That prior to the issuance of a building permit, a 0 covenant shall be recorded to require that the site be held as one for the life of the structure. In addition, there shall be a document recorded -3- COMMISSIONERS MINUTES . _% _V October 23, 1986 CITY OF NEWPORT BEACH satisfactory to the City Attorney and the Planning Director, providing for a mutual easement for ingress, egress and parking on the subject lots. 4. That the median island in Bayview Place at Crystal Bay Drive be modified to remove the island from the crosswalk area in conformance with plans to be approved by the Public Works Department. 5. That an agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements if it is desired to obtain a building permit prior to completion of the public improvements. x x k A. Use Permit No. 1527 (Amended) (Public Hearing) I I I I I I I I Request to amend a previously approved Use Permit which • permitted an expansion of the existing Edwards Theatre in Newport Center located on property in the C -O -H District. The proposed amendment includes a request to further expand the theatre so as to add two new audi- toriums containing a total of 600 new seats. The proposal also includes: a modification to the Zoning Code so as to permit the use of compact parking spaces; the approval of an amended off -site parking agreement for a portion of the required off - street parking at the southeasterly corner of Newport Center Drive and San Miguel Drive and the approval of a new off -site parking agreement for a portion of the required off- street parking involving a portion of the Design Plaza parking area, located at the northwesterly corner of Avocado Avenue and Farallon Drive; and the acceptance of an environmental document. AND B. Traffic Study (Public Hearing) Request to approve a traffic study so as to permit the addition of two new auditoriums containing a total of 600 new seats at the existing Edwards Theatre complex in Newport Center. • LOCATION: Parcel A of Parcel Map 25 -1 (Resub- division No. 260) , and Parcel No. 1 of Parcel Map 60 -36 (Resubdivision No. 454) (building site); and Parcel A of -4- INDEX Item No.2 Use Permit No. 1527A TS Approved COMMISSIONERS is is CITY OF NEWPORT BEACH ZONE: APPLICANT: OWNER: MINUTES October 23, 1986 Parcel Map 25 -1 (Resubdivision No. 260) and Parcel No. 2 of Parcel Map 60 -36 (Resubdivision No. 454) (off -site parking lots) , located at 300 Newport Center Drive, on the southeasterly corner of Newport Center Drive East and San Miguel Drive, and a portion of Design Plaza.at the northwesterly corner of Avocado Avenue and Farallon Drive in Newport Center. C -O -H Edwards Theatres Circuit, Inc., Newport Beach The Irvine Company, Newport Beach Commissioner Merrill stepped down from the dais because of a possible conflict of interest. James Hewicker, Planning Director, referred to Condition No. 4 regarding the required mid -week daytime matinee parking spaces of one parking space for each 3.29 seats, and he stated that the staff has no objections if the parking requirement would be changed to one parking space for each 5 seats. Mr. Hewicker explained that the requirement of one parking space for each 5 seats was suggested in the proposed project's Parking and Traffic Study. . Donald Webb, City Engineer, referred to Condition No. 23, requesting "two additional stairways be constructed between the upper and lower parking areas with loca- tions to be approved by the Planning Department and the Public works Department ". Mr. Webb further stated that the applicant has indicated that The Irvine Company may object to the construction of one of the stairways; therefore, he proposed that Condition No. 23 be modified to state "provided The Irvine Company will allow the second stairway to be constructed ". Mr. Webb explained that staff felt that as much access as possible should be provided to the theatre parking area from the lower parking area. He said that The Irvine Company has. made arrangements with the applicant to allow additional parking in the rear of the Design. Plaza; however, they may object to a stairway adjacent to the Good Earth Restaurant. Mr. Webb commented that staff did not want to put the applicant in a position -5- INDEX COMMISSIONERS MINUTES o yGy October 23, 1986 'gym G9 �9 �9 9 Qo c'y CITY OF NEWPORT BEACH ROLL CALL INDEX .wherein they would not be able to comply with the condition. In response to a question posed by Chairman Turner, Mr. Webb replied that the location of the second stairway is not under the leasehold of the applicant. Mr. Webb stated that the applicant must construct one additional stairway and there appears to be no problem with that request. The public hearing was opened in connection with this item, and Mr. James Edwards, representing the applicant, appeared before the Planning Commission. Mr. Edwards stated that the parking arrangement with The Irvine Company for the additional 269 parking spaces are at the easterly end of Design Plaza. He said that there is one existing stairway and that they have no objections to the request for two additional stairways; however, he said that the stairway closest to the theatre is back of the Good Earth Restaurant and • that is an area of which the theatre has no jurisdiction. Mr. Edwards stated that the applicant concurs with the findings and conditions in Exhibit "A" including modified Conditions No. 4 and No. 23. The public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 1527 (Amended) and related Environmental Document subject to the findings and conditions in Exhibit "A ", including modified Condition No. 4, requesting "the maximum number of mid -week daytime parking spaces of one parking space for each 5 seats "; and the addition to Condition No. 23, "..provided The Irvine Company Ayes N x x x permits the construction of the second stairway ". Absent - x x x Motion voted on, MOTION CARRIED. Motion x Motion was made to approve Traffic Study subject to the Ayes x x x findings in Exhibit "A ". Motion voted on, MOTION Absent x x x CARRIED. A. ENVIRONMENTAL DOCUMENT: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA) , the State CEQA Guidelines, and Council Policy K -3. 2. That the contents of the environmental document have been considered in the various decisions on this project. -6- COMMISSIONERS October MIN _0 \� CITY OF NEWPORT BEACH ROLLCALL11 1 1111 1 1 INDEX 3. The project will not have any significant environ- mental impact. B. TRAFFIC STUDY: 1. That a 'Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy.S -1. 2. That the Traffic Study indicates that the proj- ect- generated traffic will be greater than one percent of the existing traffic during the 2.5 hour p.m. "peak period on one leg of one critical intersection. 3. That the Traffic Study indicates that the proj- ect- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any • 'major', 'primary- modified', or 'primary' street. USE PERMIT NO. 1527 (Amended): Findings: . 1. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located. 2. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 3. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 4. The off -site parking areas are located so as to be useful to the proposed theatre use. 5. Parking on the subject off -site lots will not • create undue traffic hazards in the surrounding area. -7- COMMISSIONERS • CITY OF NEWPORT BEACH 2 October M!NlgVS That the applicant has entered into an appropriate lease for the off -site parking spaces, which is of sufficient duration for the subject theatre. 7. The approval of Use Permit No. 1527 (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 or improvements in the neighborhood or the general welfare of the City; and further, that the proposed modification to the Zoning. Code so as to permit the use of compact size parking spaces for a portion of the required off - street parking is consistent with the legisla- tive intent of Title 20 of the Municipal Code. Conditions: 1. That development shall be in' substantial confor- mance with the approved plot plan, floor plan, and elevations except as noted in the following conditions: 2. That all conditions for Use Permit No. 1347 and Use Permit No. 1527 shall be null and void. 3. That an approved off -site parking agreement shall be approved by the City Council, and be recorded in the County Recorder's Office, guaranteeing that the following off -site parking locations shall be provided to the subject theatre: a. Parcel A of Parcel Map 25 -1 (Resubdivision No. 260) located at the southwesterly corner of Newport Center Drive and San Miguel Drive. Said parking shall be for the exclusive use of the theatre and shall provide the maximum number of parking spaces ap- proved by the City Traffic Engineer, and in no case shall said parking area provide less than 143 parking spaces. b. Parcel No. 2 of Parcel Map 60 -36 (Resubdivision No. 454) located at the rear of the subject theatre. Said parking area shall provide a minimum of 50 daytime parking spaces and 310 nighttime parking spaces for the subject theatre. -a- INDEX COMMISSIONERS MINUTES Xd,. October 23, 1986 CITY OF NEWPORT BEACH INDEX C. A portion of Parcel No. 3 of Parcel Map 60 -36, located in the easterly portion of Design Plaza. Said parking area shall provide a minimum of 269 nighttime only parking spaces. 4. That the mid -week daytime matinees shall be limited to the number of seats as established by the maximum number of daytime parking spaces, times a parking demand ratio of one parking space for each 5 seats. The number of daytime parking spaces shall be established in conjunction with the City Traffic Engineer's approval of a new parking design for the parking area at the southeasterly corner of San Miguel Drive and Newport Center Drive. Said parking area shall be redesigned so that the number of compact spaces shall not exceed 25 percent of the total number of parking spaces in said parking area. 6. Handicap parking spaces shall be provided in accordance with Title 24 of the Building Code. 7. Prior to occupancy, the applicant shall submit a plan describing signing and other traffic controls to direct traffic to the off -site Parking Area No. 3. Said plan shall be approved by the Traffic Engineer. 8. That the on -site vehicular and pedestrian circus lation systems shall be approved by the City Traffic Engineer. 9. That all signs shall be in conformance with the provisions of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to any vehicular ingress and egress. • 10. That the applicant shall obtain the approval of a resubdivision or lot line adjustment so as to establish a legal building site for the proposed theatre addition. cm 5. That a minimum of 722 parking spaces shall be provided for the subject theatre on weekday evenings beginning at 5:30 p.m., on Saturdays and Sundays and recognized holidays and that *during such times the maximum number of theatre seats shall be 2,377 seats. 6. Handicap parking spaces shall be provided in accordance with Title 24 of the Building Code. 7. Prior to occupancy, the applicant shall submit a plan describing signing and other traffic controls to direct traffic to the off -site Parking Area No. 3. Said plan shall be approved by the Traffic Engineer. 8. That the on -site vehicular and pedestrian circus lation systems shall be approved by the City Traffic Engineer. 9. That all signs shall be in conformance with the provisions of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to any vehicular ingress and egress. • 10. That the applicant shall obtain the approval of a resubdivision or lot line adjustment so as to establish a legal building site for the proposed theatre addition. cm COMMISSIONERS MINUTES October 23, 1986 CITY OF NEWPORT BEACH INDEX 11. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 12. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 13. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 14. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. I I I I I 15. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on • recommendations of a soil engineer and an engi- neering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. 16. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regu- larly trimmed and kept in a healthy condition. 17. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 18. That all access to the buildings be approved by the Fire Department. 19. That all improvements be constructed as required by ordinance and the Public Works Department. 20. That the displaced portions of sidewalk along the Newport Center Drive frontages and San Miguel . Drive frontage be reconstructed and curb access ramps constructed at the corner of Newport Center Drive and San Miguel Drive and drive entrances off Newport Center Drive and San Miguel Drive. All -10- COMMISSIONERS MINUTES October 23, 1986 yGF`�GQpp dp99� .py Gy N 9� 9yF� oy Cr'G ��'y �, CITY OF NEWPORT BEACH ROLL CALL INDEX work shall be completed under an encroachment permit issued by the Public Works Department. 21. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the Public Works improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 22. That the applicant contribute 25 percent of the cost of installing a traffic signal at Newport Center Drive and San Miguel Drive prior to obtain- ing building permits. 23. That two additional stairways be constructed between the upper and lower parking areas with locations to be approved by the Planning and Public Works Departments, provided The Irvine Company permits the construction of the second stairway. • 24. That a sidewalk be constructed between the Newport Center Drive walk and the front of the theatre with location and design to be approved by the Public Works Department. 25. 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. 26. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. -11- COMMISSIONERS October M'N14WS �\�% Gy ff O �yyC.)n A �� ~y �� CITY OF NEWPORT BEACH ROLL CALL INDEX ' Item No.3 Use Permit No. 2056 (Amended) (Public Hearing) Use Permit No. 2056A Request to amend a previously approved use permit which permitted an automobile repair facility in the M -1 -A District. The proposed amendment includes a request to Approved establish an automobile detailing service and a wash rack in conjunction with the existing repair operation. LOCATION: Lot 7, Tract No. 3201, located at 3760 Campus Drive, on the southeasterly side of Campus Drive, between Quail Street and Bristol Street, across from the John Wayne Airport. ZONE: M -1 -A APPLICANTS: Robert Frieden, Fountain Valley and Arthur Forbes, Anaheim Hills OWNER: The Irvine Company, Newport Beach • The public hearing was opened in connection with this item, and Mr. Steve Perkins appeared before the Planning Commission on behalf of the applicants, and stated that they concur with the findings and conditions in Exhibit "A ". The public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 2056 Ayes 14 x x (Amended) subject to the findings and conditions in Absent X x Exhibit "A ". Motion voted on, MOTION CARRIED. - FINDINGS: 1. The proposed development is consistent with the General Plan and Local Coastal Program, and is compatible with existing and proposed land uses in the surrounding area. 2. The project will not have any significant environ- mental impact. 3. The approval of Use Permit No. 2056 (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 -12- COMMISSIONERS October NNIAV' CITY OF NEWPORT BEACH ROLL CALL I I I I I I I I I INDEX 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 elevation, except as noted below. 2. That all automobile detailing shall be conducted within the building. 3. That all automobile washing shall be conducted under a covered canopy which extends beyond the perimeter of the wash area. 4. That the entire site shall be maintained in a clean and orderly manner. 6. That the automobile wash facility shall be de- signed in a manner that will prevent rain water from entering the sewer system. This will require the provision of a roofed washing area and curbing along the perimeter of a raised surface of the wash facility. The exact design shall be reviewed and approved by the Building, Public Works and Planning Departments. 7. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code, including the provision that no wind signs (i.e. flags) shall be permitted. In addition, only one temporary banner. sign shall be permitted for a period not exceeding 60 days per calendar year as required by the Sign Code. 5. That all wash water shall drain into the sanitary sewer system and that the wash area drain shall be equipped with a ,grease trap unless otherwise approved by the Building Director. 6. That the automobile wash facility shall be de- signed in a manner that will prevent rain water from entering the sewer system. This will require the provision of a roofed washing area and curbing along the perimeter of a raised surface of the wash facility. The exact design shall be reviewed and approved by the Building, Public Works and Planning Departments. 7. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code, including the provision that no wind signs (i.e. flags) shall be permitted. In addition, only one temporary banner. sign shall be permitted for a period not exceeding 60 days per calendar year as required by the Sign Code. -13- B. That a minimum of 25 off - street parking spaces shall be provided on -site for the existing and proposed uses. The parking spaces shall be marked with approved traffic markers or painted white • lines not less than 4 inches wide. -13- COMMISSIONERS ALL • u MINUTES October 23, 1986 CITY OF NEWPORT BEACH 9. That all applicable conditions of approval of Use Permit No. 2056 as approved by the Planning Commission on January 7, 1982 and for Use Permit No. 2056 (Amended) as approved by the Planning Commission on November 7, 1985 shall remain in effect. 10. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 11. 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. 3034 (Amended) (Public Hearing) Request to amend a previously approved use permit which . permitted the establishment of a take -out food estab- lishment with incidental seating and the service of on -sale beer and wine on property located in the "Retail and Service Commercial" area of the Cannery Village/McFadden Square Specific Plan Area. Said approval also included a waiver of a portion of the required off- street parking spaces. The proposed amendment includes a request to construct a small addition at the rear of the restaurant which will be used as dry storage, so as to comply with minimum food storage requirements established by the Orange County Health Department; a request to change the hours of operation from 10:00 a.m. - 10:00 p.m. to 11:00 a.m. - 11:00 p.m.; and a request to increase the incidental seating from 12 to 26 seats. Said proposal also includes a request to waive the additional required off- street parking spaces for the proposed addition. -14- fH1J Item No.4 UP3034A Approved COMMISSIONERS • Motion x Ayes x x x x x Absent lxlllxl • MINUTES October 23, 1986 CITY OF NEWPORT BEACH LOCATION: Parcel No. 1 of Parcel Map No. 79 -50 (Resubdivision No. 493) located at 110 McFadden Place, on the northeasterly corner of McFadden Place and Court Avenue in McFadden Square. ZONE: SP -6 . APPLICANT: Hermans, Newport Beach OWNER: Raymond Smith, Long Beach James Hewicker, Planning Director, stated that the applicant met with him in the Planning Department prior to the time that he reopened the take -out restaurant facility. Mr. Hewicker explained that the applicant requested additional square footage for a dry storage area and that he was not increasing the area that would be used for patron dining. Mr.. Hewicker further explained that 10 parking spaces are maintained on -site for both uses on the property, and that the only recent change in operation is that the applicant has requested a change of hours of operation. The public hearing was opened in connection with this item, and Mr. Herman Cothran, applicant, appeared before the Planning Commission wherein he stated that he concurs with the findings and conditions in Exhibit "A".. The public hearing was closed at this time. Motion was made to approve Use Permit No. 3034 (Amended) subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land* Use Element of the General Plan and the adopted Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. -15- INDEX COMMISSIONERS MIN,�TFS October , 1 E a \\\M CITY OF NEWPORT BEACH ROLL CALL I I I I I I I I I INDEX 3. That the waiver of the development standards as they pertain to a portion of the required parking, parking lot illumination, circulation, walls, landscaping and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 4. That the subject building addition for dry storage and the increase in the number of seats in the take -out restaurant will not result in an in- creased parking demand for the area. 5. That there is adequate on -site parking for the restaurant employees. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan, and seating plan. 2. That the development standards. related to a portion of the required offstreet parking spaces, parking lot illumination, building setbacks, circulation, walls, landscaping, and utility requirements are waived. 3. That all previous conditions of Use Permit No. 3034, as approved by the Planning Commission on May 19, 1983, are hereby null and void. 4. That no alcoholic beverages shall be sold or consumed outside of the restaurant building. 5. That the hours of operation shall be limited from 11:00 a.m. to 11:00 p.m., daily. • 6. That the serving of beer and wine shall be inci- dental to the primary function of providing food service. -16- 6. The approval of Use Permit No. 3034 (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. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan, and seating plan. 2. That the development standards. related to a portion of the required offstreet parking spaces, parking lot illumination, building setbacks, circulation, walls, landscaping, and utility requirements are waived. 3. That all previous conditions of Use Permit No. 3034, as approved by the Planning Commission on May 19, 1983, are hereby null and void. 4. That no alcoholic beverages shall be sold or consumed outside of the restaurant building. 5. That the hours of operation shall be limited from 11:00 a.m. to 11:00 p.m., daily. • 6. That the serving of beer and wine shall be inci- dental to the primary function of providing food service. -16- COMMISSIONERS M'rNI�TFS October 1 E a \ \\M CITY OF NEWPORT BEACH ROLL CALL I I I I I I I I I INDEX 7. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code. 8. That the kitchen exhaust fans shall be designed to control odors and smoke unless otherwise approved by the Building Department. 9. 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 storm drains if required by the Build- ing 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 accordance with the provisions of the Uniform Plumbing Code if required by the Building Depart- ment. • 11. That no "off- sale" alcoholic license shall be permitted in the take -out restaurant facility. 12. That 10 on -site parking spaces shall be provided. Said parking spaces shall be marked with approved traffic markers or. painted white lines not less than 4 inches wide. 13. That there shall be provided on -site, a trash enclosure which is screened, or if not, .then the trash shall be kept inside the building until it is picked up. 14. That the applicant shall purchase from the City four in -lieu parking permits on an annual basis for the duration of the take -out restaurant use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. 15. That the Planning Commission may add or modify conditions of approval to this use permit,or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit • causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. x x a -17- COMMISSIONERS CALL • MINUTES October 23, 1986 CITY OF NEWPORT BEACH Use Permit No. 3231 (Public Hearing) Request to permit the expansion of an existing day care facility on property located in the R -1 District so as to allow said facility to care for a maximum of 12 children. LOCATION:; Lot 26, Tract No. 1702, located at 2430 Holly Lane, on the northeasterly side of Holly Lane, between Irvine Avenue and Tustin Avenue in Newport Heights. ZONE: R -1 APPLICANT: Christine D. Frank, Newport Beach OWNER: Same as applicant The applicant requested that this item be withdrawn from further consideration. • x Use Permit No. 3232 (Public Hearing) Request to permit the addition of a second floor residential unit over an existing commercial building located within the "Specialty Retail" area of the Cannery Village /McFadden Square Specific Plan Area. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem parking spaces for the existing commercial use. LOCATION: Lot 18, Block 331, Lancaster's_ Addition, located at 426 - 31st Street, on the southerly side of 31st Street, between Newport Boulevard and Villa Way in Cannery Village. ZONE: SP -6 APPLICANT: Bert W. Tarayao, Corona del Mar OWNER: Jack Williamson, Riverside • The public hearing was opened in connection with this item, and Mr. Bert Tarayao, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A ". -18- INDEX Item No.5 UP 32 31 Withdrawn Item No.6 UP 32 32 Approved COMMISSIONERS CITY OF NEWPORT BEACH MINUTES October 23, 1986 MROLLCALLIJ I Jill I I INDEX 0 Motion Ayes Absent • is i. XI IX 9i The public hearing was closed at this time. Motion was made to approve Use Permit No. 3232 subject to the findings and conditions in Exhibit "A ". Motion voted on; MOTION CARRIED. FINDINGS: 1. That *the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. The proposed development conforms to all applica- ble development standards for combined residential commercial projects in the SP -6 District with the exception of a portion of the off- street parking requirement. 4. That the design of 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. 5. That the approval of a modification to the Zoning Code, so as to allow the use of tandem parking spaces will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 6. The approval of Use Permit No. 3232 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. -19- COMMISSIONERS y �G C� yG o" 9 1P 1 F 1 F C ; � 'y yam CITY OF NEWPORT BEACH MINUTES October 23, 1986 ROLL CALL INDEX CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations except as may be noted below. 2. That all signs shall be in conformance with the provisions of Chapter 20.06 of the Municipal Code. 3. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included' in any Covenants, Conditions, and Re- strictions which may be recorded against any undeveloped site. DISCLOSURE STATEMENT The lessee, his heirs, successors and assigns, herein, acknowledge that: a.) The John Wayne Airport will not be able to provide adequate air service for business estab- lishments which rely on such service; b.) The City of Newport Beach will continue to oppose additional commercial area service ex- pansions at the John Wayne Airport; c.) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to limit jet air service at the John Wayne Airport. 4. That any mechanical equipment or trash containers shall be screened from view from 31st Street adjoining properties, and the alley. 5. That only one dwelling unit shall be permitted on -site. 6. That a minimum of 4 off - street parking spaces (including 2 tandem spaces) shall be maintained at all times for the commercial use on the property. 7. That one tandem parking space and the accessible parking space in front of said tandem space shall be reserved for the proposed residential unit at all times. -20- COMMISSIONERS Gy d' yf A i" CITY OF NEWPORT BEACH MINUTES October 23, 1986 ROLL CALL INDEX S. That the proposed development shall conform to the requirements of the 26/35 Height Limitation District. The height of the proposed structure shall be measured in accordance with the pro- visions of Section 20.63.045 H. of the Cannery Village /McFadden Square Specific Plan. 9. That *all improvements be constructed as required by Ordinance and the Public Works Department. 10. That a standard use permit agreement and accom- panying surety be provided in order to guarantee satisfactory completion of the public improve- ments, if it is desired to obtain a building permit prior to completion of the public improve- ments. 11. That the residential and commercial units 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. 12. That standard curb, gutter and sidewalk be con - structed along the 31st Street frontage under an encroachment permit issued by the Public Works Department. 13. That all vehicular access to the property be from the adjacent alley. 14. That County Sanitation District fees be paid prior to issuance of any building permits. 15. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090 of the Newport Beach Municipal Code. x x • -21- COMMISSIONERS Absent MINUTES October 23, 1986 CITY OF NEWPORT BEACH Use Permit No. 3235 (Continued Public Hearing) Request to permit the establishment of a take -out restaurant with incidental seating which specializes in muffins and frozen yogurt, on property located in the C -1 -H District. The proposal also includes a request to waive a portion of the required off - street parking. LOCATION: Parcel No. 1 of Parcel Map 163 -23 (Resubdivision No. 673), located at 3025 East Coast Highway, on the southeasterly corner of East Coast Highway and Iris Avenue, in the Albertson's Shopping Center in Corona del Mar. ZONE: C -1 -H APPLICANT: Lloyd Flodin, Orange OWNER: E. Morris Smith, Newport Beach Motion made to continue Use Permit No. 3235 to the x November 6, 1986, Planning Commission meeting as requested by the applicant. Motion voted on, MOTION CARRIED. x r r Use Permit No. 3238 (Public Hearing) Request to establish a combination daytime take -out restaurant and a nighttime full service restaurant with on -sale beer and wine on property located in the "Retail and Service Commercial" area of the Cannery Village /McFadden Square Specific Plan Area. The proposal also includes a request to waive a portion of the required parking spaces in conjunction with the daytime take -out restaurant operation. LOCATION: Lots 2 - 20, Block 127, Lake Tract, and a vacated portion of Newport Boulevard, located at 2727 Newport Boulevard, comprising the entire block bounded by 28th Street, Newport. Boulevard, 26th Street and West Balboa Boulevard, in the Cannery Village/McFadden Square Specific Plan Area. -22- INDEX Item No.7 UP 32 35 Continued to 11 -A -PA Item No.B UP3238 Approved COMMISSIONERS October MINIQES A FO P� ZG�py�^pJ�"�9�f 'onsln CITY OF NEWPORT BEACH ROLL CALL INDEX ZONE: SP -6 APPLICANT: Stevenson, Porto & Pierce, Inc., Irvine OWNER: C & L Investments, Newport Beach The public hearing was opened in connection with this item, and Mr. Mike Porto, applicant, appeared before the Planning Commission. Mr. Porto requested that the Planning Commission approve Exhibit "B ", to allow the facility to be open during the daytime as well as during the evening hours. Mr. Porto explained that the daytime use would be for retail purposes only to allow the applicant to sell packaged foods. Mr. Porto stated that the applicants concur with staff's recommendations regarding a moveable barrier between the seating area from the take -out counter. In response to Chairman Turner, Mr. Hewicker explained that staff's concerns are regarding the available • on -site parking spaces because after the existing office space and commercial space is fully occupied there will be an increased demand for parking on the site, and he explained why it would be difficult for staff to enforce the daytime operations so as to restrict the facility to a take -out restaurant use with no seating available to patrons. In response to a concern posed by Commissioner Kurlander, the Planning Commission and staff discussed methods that could be imposed to ensure that the approved conditions would be transmitted to new ownership and how the approved conditions would be enforced. Mr.. Porto stated that the property owners have made a substantial investment in the property improvements, and that parking for the tenants and their customers is important to the property owners. He said that the applicant's lease is structured so that if the applicant vacated the subject site then the property would revert back to the property owners. The public hearing was closed at this time. Chairman Turner stated that he has a concern regarding the enforceability and being able to keep control of 9 the property. Motion was made to approve Use Permit No. n x 3238, subject to the findings and conditions in Exhibit "A". -23- COMMISSIONERS Substitute Motion 0 Motion Withdrawn MINUTES October 23, 1986 CITY OF NEWPORT BEACH Commissioner Kurlander commented that Exhibit "B" would permit the applicant to open the facility during the daytime as a take -out restaurant use and during the evening as a sit -down restaurant, and he suggested that the application could be reviewed in six months. Chairman Turner reopened the public hearing, and Mr. Stephen Cloobeck, 60 Cove Lane, appeared before the Planning Commission on behalf of the applicants. In response to a question posed by Chairman Turner regarding the initial investment that the applicant would be making, Mr. Cloobeck replied that the applicants would not be making an additional investment for equipment if the Planning Commission approved the daytime and evening use with a review of the application in .six months. The public hearing was closed at this time. Substitute motion was made to approve Use Permit No. 3238, subject to the alternate findings and conditions of approval in Exhibit "B" including the additional Condition No. 21 stating "that the application shall be reviewed by the Modifications Committee in six months ". Chairman Turner withdrew his original motion. Commissioner Merrill commented that the facility could be controlled during the daytime by limiting the number of employees. Chairman Turner replied that the Planning Commission should not get into a position to try to dictate how many employees an employer should have, and that the restriction would be difficult for the City to enforce. Commissioner Winburn reasoned that she would not support the motion because of the difficulty to enforce the daytime use. Commissioner Eichenhofer reasoned that it is difficult to condition restaurants located in critical problem areas, and then at a later date the same restaurants reappear requesting additional operational uses. She pointed out that the subject location does not have a critical parking' problem during the winter months; however, during the summer months parking availability is totally different. She said that she would support the motion. -24- INDEX COMMISSIONERS yGC`t^GOgc+ �999y qs' Gy N yf t^ - 9y�y oy ff O �yyo CITY OF NEWPORT BEACH MINUTES October 23, 1986 ROLL CALL INDEX Motion was voted on to approve Use Permit No. 3238 subject to the alternate findings and conditions of approval in Exhibit "B ", including the addition of Ayes x x x Condition No. 21 stating "that the application shall be Noes x x reviewed by the Modifications Committee in six months ". Absent x x MOTION.CARRIED. ' FINDINGS:. 1. That the proposed use is consistent with the Land Use Elements of the General Plan and the Local Coastal Program, and is compatible with surroun- ding 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 circulation, walls, landscaping, parking lot illumination, utilities, and a portion • of the required number of parking spaces, will not be detrimental to adjoining properties. 4. That the approval of Use Permit No. 3238 will not, under the circumstances of the case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental _ or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plans, except as noted below. 2. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and a portion of the required number of parking spaces (22 spaces) shall be waived during the day. 3. That the facility shall be open only between the hours of 11:00 a.m. and 2:00 a.m. and that the full service operation of the restaurant facility • shall be permitted only between the hours of 5:00 p.m. and 2:00 a.m. daily. -25- COMMISSIONERS yGFmG4,'c+ ti CITY OF NEWPORT BEACH MINUTES October 23, 1986 ROLL CALL INDEX 4. That a barrier meeting the approval of the Plann- ing Director shall be provided to prevent public access to the seating area prior to 5:00 p.m. daily. 5. That one bathroom accessible to the handicapped shall be provided for each sex. 6. That two exits equipped with panic hardware shall be provided, unless otherwise approved by the Fire Department. 7. That no off -sale beer and wine shall be permitted in conjunction with the subject restaurant. 8. That the on -sale service of beer and wine shall be in to the primary food service operation of the restaurant. 9. That all employees shall park on -site. • 10. That 6 on -site parking spaces shall be provided for the take -out restaurant use during the day, and 20 on -site parking spaces shall be provided for the restaurant use during the nighttime hours of operation. 11. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 12. That a trash compactor shall be installed in conjunction with the proposed use. 13. That trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 14. 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. 15. That all mechanical equipment and trash areas shall be screened from the adjacent streets, and adjoining properties. 16. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in -26- COMMISSIONERS October M N-gFS y G c� <^ G 40 \N604 T � F�oy�Yy� ` °A0r CITY. OF NEWPORT BEACH ROLL CALL INDEX accordance with the' provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 17. That kitchen exhaust fans shall be designed to control smoke and odor. 18. That no live entertainment or dancing shall be permitted in the restaurant unless the Planning Commission approves an amendment to this Use Permit. 19. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. • 20. 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. 21. That Use Permit No. 3238 shall be reviewed by the Modifications Committee in six months. x x x Use Permit No. 3239 (Public Hearing) Item No.9 Request to change the operational characteristics of UP3239 the existing Josh Slocum'sRestaurant so as to increase the hours of operation to 11:00 a.m. to 2:00 a.m. Approved daily,, whereas the existing restaurant is currently limited to the hours between 4:30 p.m. and 2:00 a.m., Monday through Friday and between 8:00 a.m. and 2:00 a.m. on Saturday and Sunday. The proposal also,inclu- des a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces in con- junction with a full time valet parking service; and the approval of a lease for off -site parking purposes for a portion of the required parking spaces involving property on the northerly side of West Coast Highway • located at 2500 West Coast Highway. -27- COMMISSIONERS 9 Fy Oy ¢ 'Py f yy y ;'y CITY OF NEWPORT BEACH October M NAT�S ROLL CALL INDEX LOCATION: A portion of Lot H, Tract No. 919, (building site), located at 2601 West Coast Highway, on the southerly side of West Coast. Highway, at the southerly terminus of Tustin Avenue, and Record of Survey 10 -27 (off -site parking lot) located at 2500 West Coast Highway on the northerly side of West Coast High -. way, in Mariner's Mile. ZONE: SP -5 APPLICANT: Joseph Minney, Newport Beach OWNER: Minney Family Trust, Newport Beach The public hearing was opened in connection with this item, and Mr. Joseph Minney, applicant, appeared before the Planning Commission. • In response to a question posed by Commissioner Kurlander concerning handicapped parking on -site, Mr. Minney replied that the plot plan includes one handicapped parking space. Mr. Minney referred to Condition No. 11 in Exhibit "B" requiring that a trash compactor be installed, and he rebuked the recommendation because the restaurant has had previous trash compactor accidents; that they have an offensive odor; that they are difficult to clean; and there was no previous requirement to install a trash compactor. Mr. Minney explained that the restaurant has notified Dewey Dumpster to pick up the trash three times a week, and if the lunch hours are approved, the service will be extended to six days a week. In reference to staff's recommendation of a recorded off - site.parking agreement, Mr. Minney replied that the property owner, Mr. John Jakosky, Jr., 2500 West Coast Highway, will not enter into a formal off -site parking agreement with the City as a third party, nor is Mr. Jakosky, Jr. interested in having the lease recorded. Mr. Minney said that he has discussed with the City Attorney the possibility of filing a copy of the leasehold with the City Clerk. In response to questions posed by Chairman Turner, Mr. Minney replied • that he does not know the reasons why Mr. Jakosky does not want to be involved with the City. -28- COMMISSIONERS MINUTES October 23, 1986 d99y9 4. ��yGyC�lC�y CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Minney offered to write .a letter stating that if he should lose the off -site parking, he would cease the lunch operation. In response to questions posed by Chairman Turner and Commissioner Winburn regarding off -site parking agreements, Mr. Hewicker replied that the off -site parking agreement represents an understanding among the three parties that there is a use, and that there is an agreement with the City that parking will be provided, and that the rules and regulations of the City will be followed. Mr. Hewicker commented that the ruling requiring that the off -site parking agreement be recorded has been provided in the Municipal Code for many years. Mr. Hewicker commented that the Planning Commission has previously permitted off -site parking to be provided on an "informal basis "; however, he said that staff does not want to see these types of agreements perpetuate. • In response to statements presented by Commissioner Winburn regarding the Municipal parking lot, Don Webb, City Engineer, replied that staff's previous recommendations have been that with a few exceptions, the parking spaces have not been sold in -lieu, and that a plan has been implemented which would allow the widening. of .West Coast Highway and the removal of parking. He stated that the parking lot was constructed to provide replacement parking for the parking lost if West Coast Highway is widened, and further, the Coastal Commission has indicated that any parking spaces that are sold in -lieu to restaurants or other uses, cannot be used for replacement parking. He said that the Chart House Restaurant was granted in -lieu parking spaces, and the China Palace Restaurant was required to purchase parking permits rather than paying in -lieu fees for 13 parking spaces. In response to a question posed by Chairman Turner, Mr. Minney replied, that he has a three year lease agreement with Mr. Jakosky, Jr. and a ten year off -site parking agreement with the Mariner's Mile Square property owners for 26 parking spaces. Discussion followed between Chairman Turner, Commissioner Kurlander, Mr. Webb, and Mr. Minney • regarding the use of in -lieu parking and when West Coast Highway is widened, the in -lieu parking would be -29- COMMISSIONERS �c 'A 4" Zy1pp.9�"y�y "y Gyyie No 9if At^ �y y9 yC`�oC ;yam CITY OF NEWPORT BEACH MINUTES October 23, 1986 ROLL CALL INDEX terminated. Mr. Minney stated that he would be agreeable to in -lieu parking. Mr. Webb explained the availability of the Municipal Parking Lot parking spaces, and he' concurred that parking spaces are available during the day; however, he said that he would prefer that the off -site parking remain on private property. Mr. Hewicker opined that the staff would prefer that the applicant proceed with the three year unrecorded off -site parking agreement on private property then to open the issue of using the Municipal parking lot. Mr. Minney concurred with Mr. Hewicker's aforementioned statement, and he added that he would prefer to negotiate with a private individual then to get involved with the City. He stated that the off -site parking agreement would give him' considerable parking during the daytime to accommodate his customers. • Mr. Minney referred to Condition No. 21 requesting "that an easement be provided for traffic signal detection ", and he asked for an explanation of the condition. Mr. Webb replied that in conjunction with Condition No. 23 requesting "that the applicant install traffic signal equipment to Caltrans standards ", there is a situation wherein an automobile coming out of two driveways currently has no traffic signal visible other than a pedestrian crosswalk. Mr. Webb explained how there are currently two driveways side by side which could create a situation where two automobiles could be leaving the premises simultaneously, and he described how staff has tried to resolve the problem. In reference to Condition No. 22 requesting "that the property line fence be removed ", Mr. Webb explained that this would allow for only one driveway. In reference to Condition No. 22, requesting that the property line fence be removed, Mr. Minney emphatically stated that the adjacent property owner, Mr. Pederson, will not remove the subject fence. Mr. Webb replied that staff could work something out if the fence were not removed; however, he expressed his willingness to meet with Mr. Pederson in order to come up with some sort of a solution. Mr. Hank Hill, 2431 West Coast Highway, appeared before the Planning Commission in support of Mr. Minney's proposal, and he emphatically stated that if Mr. -30- COMMISSIONERS October M NlQ 6 S CITY OF NEWPORT BEACH INDEX Jakosky has stated that he will enter into an informal off -site parking agreement with Mr. Minney then he will do so; however, as a long time business neighbor of Mr. Pederson, he said that he knows that if Mr. Pederson previously stated that he will not remove the property line fence, then he will not. Mr. Jim Evans, businessman adjacent to the subject site, appeared before the Planning Commission in support of the proposal, and he recommended that the Planning Commission consider Mr. Jakosky's 3 year informal off -site parking agreement with the applicant. Mr. Pat O'Daly, representing Cano's Restaurant adjacent to the subject site, appeared before the Planning Commission in support of the proposal and an informal off -site parking agreement. He further stated that many businesses in the . area would support the development of a parking structure. • Carol Korade, Assistant City Attorney, stated that the requirement of recording can be waived. The public hearing was closed at this time. Mr. Webb recommended that Condition No. 22 additionally state "..unless otherwise approved by the Public Works Department ". He explained that the condition could be modified if the property owner does not wish to move the property line fence, and an alternate plan could be worked out with a driveway entrance that would all be on Mr. Minney's property. In response to Commissioner Kurlander regarding the recommended traffic signal, Mr. Webb explained the necessity of a traffic signal in the driveway that would include signal heads and detection. Chairman Turner stated that he is not happy about not recording the off -site parking agreement; however, he commented that he does not want to hold up the good intentions of Mr. Minney's business. He recommended that a copy of the lease be submitted to the Planning Department. IxI Motion was made to approve Use Permit No. 3239 subject to the alternate findings and conditions of approval in Exhibit "B ", including amended Condition No. 6 which would add "...and a copy of said lease shall be filed -31- COMMISSIONERS �INI WS _ October , 1 ` a �\\M CITY OF NEWPORT BEACH ROLL CALL I I I I I I I I T INDEX in the Planning Department. The lease shall be reviewed by the Planning Department at the end of three years. "; and amended Condition No. 22 which would add "..unless otherwise approved by the Public Works Department." In response to Commissioner Merrill, Mr. Webb replied that the Traffic Engineer has stated that the City has jurisdiction to install a "right turn only" sign on the Pederson driveway. In response to Commissioner Kurlander regarding the review of the lease, Mr. Hewicker replied that the parking agreement will be reviewed at the end of three years by the Planning Department. Ayes Absent I I I xI xI xI x1 x I Motion voted on to approve the alternate findings and l conditions in Exhibit "B" including the aforementioned amended Conditions No. 6 and No. 22. MOTION CARRIED. FINDINGS: ' 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to circulation, walls, landscaping, parking lot-illumination, utilities, and a portion of the required number of on -site parking spaces, will not be detrimental to adjoining properties. 4. That the approval of Use Permit No. 3238 will not, under the circumstances of the case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: • 1. That development shall be in substantial confor- mance with the approved plot plan and floor plans, except as noted below. -32- COMMISSIONERS MINUTES October MINUTES 1986 yGF%0GOOQi 8�+999.oy Gti 0 F Gy ff O Zyyoa CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, a portion of the required parking on -site, and utilities be waived. 3. That the facility shall be open only between the hours of 11:00 a.m. to 2:00 a.m. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. S. That all parallel valet parking spaces shall be at least 22 feet in length. 6. That one parking space shall be provided for each 40 square feet of "net public area" at all times the facility is open and that the applicant shall maintain a lease for the use of off -site parking adequate to maintain this parking standard. Such • lease shall be subject to the approval of the City Attorney and the Planning Director, and a copy of said lease shall ' be filed in the Planning Department. The lease shall be reviewed by the Planning Department at the end of three years. 7. That valets and /or attendants shall be provided at all times during the restaurant operation and that the valet pick -up and delivery station shall not be located in any public right -of -way. S. That the valet parking service shall not preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own cars. The self -park spaces shall be clearly designated. 9. That all employees shall park in the off -site parking lot. 10. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 11. That a trash compactor shall be installed in conjunction with the proposed use. 12. That a washout area for refuse containers be provided in such a way as to allow direct drainage -33- COMMISSIONERS A.F T` t $ 04 G O �' GyN9�Ain yy� CITY OF NEWPORT BEACH MINUTES October 23, 1986 ROLL CALL INDEX into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 13. That all mechanical equipment and trash areas shall be screened from the adjacent streets, and adjoining properties. 14. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 15. That kitchen exhaust fans shall be designed to control smoke and odor. 16. That no live entertainment or dancing shall be permitted in the restaurant unless the Planning Commission approves an amendment to this Use • Permit. 17. That all improvements be constructed as required by Ordinance and the Public Works Department. 18. That a standard use permit agreement .and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 19. That on -site and off -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 20. That a, wider drive apron per City Std. -166 -L be constructed and deteriorated curb and gutter be reconstructed along the West Coast Highway frontage under an encroachment permit issued by the Public Works Department and the California Department of Transportation. 21. That an easement be provided for traffic signal • detection with the size and location to be determined by the Traffic Engineer. -34- COMMISSIONERS 4y �..e ; � f• F qA"y G9 y� NO 9, (v F Fy CITY OF NEWPORT BEACH MINUTES October 23, 1986 ROLL CALL INDEX 22. That the property line fence be removed within 50 feet of back of sidewalk and arrangements made to share the drives so that a signalized drive can be created that will have one lane in and one lane out, unless otherwise approved by the Public Works . Department. 23. That the applicant shall install traffic signal equipment to Caltrans standards so as to provide vehicular detection for the driveway and signal indicators unless otherwise approved by the City Engineer. 24. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare • of the community. 25. 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. ► • x Use Permit No. 3240 (Public Hearing) Item No. 10 UP3240 Request to permit the establishment of an outdoor eating area on a proposed second floor roof deck, of the Blue Beet Restaurant located in the "Retail Service Continued Commercial" area of the Cannery village /McFadden Square to Specific Plan. The proposal also includes a request to 11 -6 -86 purchase in -lieu parking permits from the City on an annual basis for the additional required off - street parking. LOCATION: Lot 18, Block 21, Newport Beach, located at 107 21st Place, on the northwesterly side of 21st Place, between West Ocean Front and McFadden Place, adjacent to McFadden Square. • .ZONE: SP -6 -35- COMMISSIONERS �9 G9 ;9 }97`0'0 y t^9 yy� CITY OF NEWPORT BEACH MINUTES October 23, 1986 ROLL CALL INDEX APPLICANT: Sidney L. Soffer, Costa Mesa, OWNER: Same as applicant Motion x Motion was made to continue this item to the November Ayes x x x x x 6, 1986, Planning Commission meeting as requested by Absent x x the applicant. Motion voted on, MOTION CARRIED. Tentative Map of Tract No. 12873 (Continued Item No.11. Public Hearing) TTM12873 Request to subdivide 1.147 acres of land into six (6) lots for single family residential development on Continued property located in the R -1 District. The proposal to also includes: a request to approve a rough grading 11 -6 -86 plan for the purpose of establishing building pad elevations for the measurement of allowable building heights; the approval of a modification to the Zoning • Code so as to allow a 5 foot high retaining wall along the rear of Lot 1 which encroaches 10 feet into a required 10 foot front yard setback adjacent to Cliff Drive; to allow a 10 foot front .yard setback on a portion of Lot 6 where a 20 foot setback would normally be required; and the acceptance of an environmental document. LOCATION: A portion of Lot A,Tract No. 919, located at 2505 Cliff Drive, on the southwesterly side of Cliff Drive, between Ocean View Avenue and E1 Modena Avenue, adjacent to the Ensign.View Park in Newport Heights. ZONE: R -1 APPLICANTS: Howard Tuttle and Bob Newberry, Costa Mesa OWNERS: Same as applicants . ENGINEER / ARCHITECT: Brion S. Jeannette & Associates, Inc., Newport Beach x Motion was made to continue this item to the November x x 6, 1986, Planning Commission meeting as requested by Absent x x the applicants. Motion voted on, MOTION CARRIED. -36- COMMISSIONERS MINUTES October 23, 1986 yGt"t�G4p�t+ �9�799 S 9y�� oy f�9Q ;yy�T CITY OF NEWPORT BEACH ROLL CALL INDEX Request to Establish Grade (Discussion) Item No.12 Request to establish grade for the purpose of measuring Request to building height on property located in the 24/28 Foot Establish Height Limitation District. Grade LOCATION: A portion of Lot 5, all of Lot 6, and a Continued portion of Lot 7, Block 139, Corona del to Mar, located at 3308 Ocean Boulevard, on 11 -6 -86 the northeasterly side of Ocean Boule- vard, between Marguerite Avenue and Marigold Avenue, in Corona del Mar. ZONE: R -1 APPLICANT: William F. Cohen, Newport Beach OWNER: Same as applicant Motion x Motion was made to continue this item to the November A 31 x x x x 6, 1986, Planning Commission meeting as requested by x x staff. Motion voted on, MOTION CARRIED. ADD ITI0NAL BUS I N E S S: Additional Business The Planning Commission discussed the letter from Richard T. Mudge regarding the off -site parking agree- ment recently approved by the City on property located at 2751 West Coast Highway and its relationship with an existing yacht charter business on the property. Mr. Off -site Parking Agreement Hewicker commented that the City Clerk has placed the item on the City Council agenda of October 27, 1986, Consent Calendar, to be referred to the Planning Department. A D J O U R N M E N T: 9:00 P.M. Adjournment x * x PAT EICHENHOFER, SECRETARY • CITY OF NEWPORT BEACH PLANNING COMMISSION -37-