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HomeMy WebLinkAbout11/10/1983COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council.Chambers TIME: 7 :30 p.m. 10, _ 1983 V m DATE: November City of Newport Beach OLL CALL INDEX * IX • Motion All Ayes X X * X Motion All Ayes • IX X IX Commissioner McLaughlin was present at 9:55 p.m. * * * EX- OFFICIO..MEMBERS PRESENT: James D. Hewicker, Planning Director Robert D. Gabriele, Assistant City Attorney * * * STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Pamela Woods, Secretary * * * Minutes of October 20, 1983 Motion was made for approval of the Planning Commission Minutes of October 20, 1983, as written, which MOTION CARRIED. * * * Staff recommended that Item No. 14 - Use Permit No. 3071, be continued to the Planning Commission Meeting of January 5, 1984, so as to allow additional time to discuss with the applicant the concerns expressed by the homeowners association surrounding the Newport Beach Tennis Club. Staff further advised that the applicant has no objections to the recommended continuance. Motion was made to continue- -Item No. 14 - Use Permit No. 3071, to the Planning Commission Meeting of January 5, 1984, which MOTION CARRIED. _ * * x -1- COMMISSIONERS MINUTES November 10, 1983 m o m City of Newport Beach ROLL CALL I I I I I I INDEX Request to amend a previously approved use permit that Item #1 permitted on -sale alcoholic beverages and dancing entertainment in conjunction with an existing restaurant in the C -1 District. The proposed amendment is to change the "Park Bar and Grill" Restaurant's hours of operation so as to permit the service of breakfast, lunch and dinner. The proposed hours of operation will be between the hours of 6:30 a.m. and USE PERM 2:00 a.m. The proposed development also includes a NO. 1417 full service bar, an addition of an open patio for (AMENDED dining and drinking purposes, and the use of live entertainment within the restaurant facility. The proposal also includes the request of an informal off -site parking agreement which will provide additional restaurant parking spaces. LOCATION: Lots 1 and 2, and a portion of Lot 3, Block C, Tract No. 470 and an abandoned APPROVED portion of Carnation Avenue, located at CONDI- • 2515 East Coast Highway, on the TIONALLY southeasterly corner of East Coast Highway and Carnation Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Loomis Foods, Inc., Corona del Mar OWNER: Poole Properties, Inc., Corona del Mar The public hearing opened in connection with this item and Mr. Hugh Coffin, attorney, representing the applicant, appeared before the Commission. Mr. Coffin stated that the applicant has met with surrounding residents on three separate occasions to discuss concerns and provide solutions to alleviate the concerns. He stated that the applicant has reduced the impacts of the restaurant use to the surrounding neighborhood. He stated that a new trash enclosure is presently under construction and that the hours of dumping are now restricted. He stated that the hours of vendor delivery have also been changed to be more compatible • 1 1 1 1 1 1 1 1 with the surrounding neighborhood. He stated that the -2- � x � r v m m m c m m c Q S 6 0 d November 10, 1983 of Newport Beach MINUTES 0 ROLL CALL I III Jill I INDEX It valet parking station has been moved to the interior of the rear parking area, which reduces noise impacts to the surrounding neighborhood. He stated that an off -site parking agreement has been entered into with the Sherman Foundation to provide adequate off- street parking for the nighttime use. He stated that the remodeled structure is a positive addition to the Corona del Mar area and that the applicant obtained all required permits for the remodel. He further stated that the applicant has applied for the use permit, as requested by the City, after the use had been opened and operating. Mr. Coffin stated that the applicant agrees with the conditions of approval as indicated in the staff report with the two following changes: Mr. Coffin stated that a security guard has been employed in the rear parking area. However, he stated • that the management of the restaurant provides a greater deterrent to those patrons who might cause a disturbance for the nearby residents. He requested that the provision for a security guard be deleted from the conditions of approval. I^ Mr. Coffin further .requested that the restaurant be allowed to be open at 10:30 a.m. for a Sunday brunch operation. He stated that a 10:30 a.m. opening on Sunday is consistent with other restaurant uses in the area. In response to questions posed by Commissioner Balalis, Mr. Steve Loomis, the applicant, stated that the net public area of the use has been reduced approximately 224 square feet with the remodel of the kitchen and the addition of the dry storage area as required by the Health Department. He stated that employee restroom facilities and a small office was also added to the use. He stated that the greenhouse patio area currently contains less.area than before the remodel. In response to a question posed by Commissioner Balalis, Planning Director .Hewicker stated that the City did not require the applicant to enclose the patio area. -3- u November.10, 1963 W Planning Director Hewicker stated that with the enclosure of the existing patio and the addition of the new open patio, the reduction of the net public area on the inside of the restaurant has been created by the addition of the office, the enlargement of the kitchen and dry storage area, and the additional restroom facilities. He stated that the overall square footage has been reduced from the prior existing restaurant. Therefore, there has-been no parking increase in terms of what the City would require for the typical operation of a restaurant. In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that the "net public area" includes the patio area. He stated that the parking requirement is based on the "net public area ", rather than the number of seats located in a restaurant use. He stated that any open area is always considered as being an area which could be utilized for dining, unless the area is physically separated from the structure. Mr. Robert Longacre, resident of 701 Carnation Avenue, appeared before the Commission and stated that since the Park Bar and Grill has been in operation, the residents of the area have continually had their sleep interrupted. He stated that any bar located adjacent to a residential area should be required to close at 12:00 midnight.. He stated that the majority of the major disturbances occur between 12:30 a.m. and 2:30 a.m. at the subject use and further stated that the security guard has not been effective. He stated that before the Park Bar and Grill opened, Carnation Avenue was a quiet residential street. He stated that the Sherman Foundation parking lot is only available after 6:00 p.m. and only available if not required for their own use. In response to a question posed by Commissioner Goff, Mr. Longacre stated that the Sherman Foundation has evening functions on the average of once or twice per month. -4- MINUTES INDEX � r y m m u November.10, 1963 W Planning Director Hewicker stated that with the enclosure of the existing patio and the addition of the new open patio, the reduction of the net public area on the inside of the restaurant has been created by the addition of the office, the enlargement of the kitchen and dry storage area, and the additional restroom facilities. He stated that the overall square footage has been reduced from the prior existing restaurant. Therefore, there has-been no parking increase in terms of what the City would require for the typical operation of a restaurant. In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that the "net public area" includes the patio area. He stated that the parking requirement is based on the "net public area ", rather than the number of seats located in a restaurant use. He stated that any open area is always considered as being an area which could be utilized for dining, unless the area is physically separated from the structure. Mr. Robert Longacre, resident of 701 Carnation Avenue, appeared before the Commission and stated that since the Park Bar and Grill has been in operation, the residents of the area have continually had their sleep interrupted. He stated that any bar located adjacent to a residential area should be required to close at 12:00 midnight.. He stated that the majority of the major disturbances occur between 12:30 a.m. and 2:30 a.m. at the subject use and further stated that the security guard has not been effective. He stated that before the Park Bar and Grill opened, Carnation Avenue was a quiet residential street. He stated that the Sherman Foundation parking lot is only available after 6:00 p.m. and only available if not required for their own use. In response to a question posed by Commissioner Goff, Mr. Longacre stated that the Sherman Foundation has evening functions on the average of once or twice per month. -4- MINUTES INDEX • n U COMMISSIONERS MINUTES November 10, 1983 o moo w City. of Newport Beach LL CALL INDEX Mr. Richard Nichols, President of the Corona del Mar Community Association, submitted to the Planning Commission a letter dated November 9, 1983, which outlined the following restrictions: 1) Said restaurant /bar be all( maximum operational hours: Monday through Thursday 7:00 Friday 7:00 Saturday 8:00 Sunday 10:00 Holiday Eve's ,wed the following a.m. - 11:00 p.m. a.m. - 12:00 p.m. a.m. — 12:00 p.m. a.m. - 11:00 p.m. - 12:00 p.m. 2) The sound from any entertainment be confined to the interior of the premise. 3) Parking required for the restaurant/bar operation be provided as a condition of operation. Tn particular, the Park should be required to provide breakfast, lunch and dinner parking if the facilities are operational. Mr.. Nichols stated that the restaurant/bar represents an overusage of the property which impacts the adjacent neighborhood. He stated that to "grandfather" an illegally expanded operation is to encourage such behavior to all operators. Commissioner Person stated that Mr. Nichols has used the term "illegal" to describe the operation of the restaurant use. He asked Mr. Nichols to clarify which portions of the operation are considered to be illegal. Mr. Nichols stated that the 2 :00 a.m. closing of the use is not included in any of the previous permits which have been previously issued for this location. Further, he stated that the operating permit was issued prior to the time which the applicant took control of the restaurant. He stated that it is also his understanding that the applicant does not have a lunch operation permit or an outside patio .permit. -5- X r a m m 3*0 Cl • November.10, 1983 of Newport Beach In response to a question posed by Chairman King, Mr. Nichols stated that the Board of Directors of the Corona del Mar Community Association believe that the suggested provisions relating to the hours of operation, sound confinement and parking should be applied to all restaurants in the Corona del Mar area. In response to a question posed by Commissioner Person, Mr. Robert Gabriele, Assistant City Attorney, stated that to the extent which the use is operating in excess of hours which exceed their non- conforming rights and have not been approved by a conditional use permit, then the use is operating illegally. Commissioner Balalis requested staff to define the items of the operation which are in violation. Planning Director Hewicker stated that as near as the staff can determine, the use exceeds the following legal non - conforming rights: the hours of operation between 11:00 p.m. and 2:00 a.m. are above and beyond any hours of operation which the staff can ascertain for the previous restaurants on the site; and, a change in the operational characteristics of the restaurant, in that there appears to be a more predominant emphasis on the consumption of alcohol as opposed to the previous restaurants on the site.. Planning Director.Hewicker stated that as near as staff can determine, the prior restaurant uses were open during the lunchtime hour and closed around 11:00 p.m. He stated that the use of the open patio on East Coast Highway .does not exceed the "net public area" of the previous restaurant uses. In response to a question posed by Commissioner Person, Planning Director Hewicker stated that in considering a use permit, the Planning Commission can establish the parking requirements based upon the operational characteristics of a restaurant. He. stated that should there be a change in the operational characteristics, the Planning Commission has the authority to adjust the parking requirements accordingly. In response to a question posed by Commissioner Person, Planning Director Hewicker referred to Condition No. 7 and stated that this condition limits the live entertainment and that dancing would not be permitted. -6- MINUTES INDEX C� J E i r o m m November.10, 1983 of Newport Beach Mr. Nichols stated that the applicant has turned the prior part time patio use into a full time patio use, which is also a change in the operational characteristics. However, Commissioner Balalis stated that the applicant has reduced the "net public area" of the use. Commissioner Balalis stated that realistically, the restaurant will not go away. He stated that the Planning Commission can impose requirements relating to the parking and hours of operation. He stated that the prior restaurant uses had a lunchtime and dinner operation, therefore a precedent has already been set on the lunchtime and dinner operations. Planning Director Hewicker stated that should the Planning Commission impose the hours of operation from 11:00 a.m. to 11:00 p.m., as was the previous restaurant hours of operation, it would not be reasonable to require the applicant to provide any additional parking. He stated that to the extent that the applicant is requesting a Sunday brunch operation and extending the hours of operation, this provides the opportunity for the City to negotiate a solution with the applicant for the parking requirement. Planning Director Hewicker stated that the Sherman Foundation parking lot will help to alleviate the evening parking, except on the occasions when the Sherman Foundation will be utilizing their parking lot during the evening. He stated that an on -site access has been opened between the two parking lots and the valet station has been moved to the interior of the rear parking area which will reduce traffic activity on Fourth Avenue and Carnation Avenue. He stated that the applicant has also attempted to provide additional parking during the day, at the southeasterly corner of Dahlia Avenue and Fifth Avenue, which would also benefit the surrounding merchants. . Mr. Don Augustine, resident of 2431 Fourth Avenue, stated that earplugs are not the answer to the noise, traffic and parking problems which are generated by the Park Bar and Grill restaurant. He stated that he disagrees with the statements made in the noise assessment report. He stated that he agrees with the restrictions suggested by the Corona del Mar Community Association and strongly urged the Commission to limit the hours of operation. -7- MINUTES INDEX COMMISSIONERS MINUTES November 10, 1983 7-115-1 . City of Newport Beach B O L L CALL I I I I [III I INDEX Commissioner Goff asked Mr. Augustine if he would rather see the Commission impose additional parking requirements on the applicant or limit the hours of operation. Mr. Augustine stated that he would rather the Commission limit the hours of operation on the restaurant use. Ms. Margaret Bedell, stated that her studio is located behind the subject restaurant. She submitted a letter dated November 9, 1983, from Mr. Robert Sattler, Director of the Corona del Mar Community Association, which states their concerns relating to the hazardous situation of vehicles which may crash into the front patio of the restaurant. She stated that such incidents have already occurred at Bay Escrow and Unique Homes Real Estate Office causing severe injuries and extensive damage. She also expressed her concern with the obstruction of the back alley by the restaurant use. • Mr. Dorothy Swanson, resident of 606 Begonia Avenue, stated that her dance studio has been located at 2515 East Coast Highway for 34 years. She stated that the merchants of the area experience a terrible parking problem. She expressed her concern with the blockage of the alley. She stated that many of her classes are taught at the colleges because of the parking problem at her studio. • Mr. Brent Skean, resident of 433 Dahlia Avenue, stated that he is representing his mother which resides at 703 Carnation Avenue. Mr. .Skean expressed their concern with the construction activity which will be taking place at the Corona del Mar school site and the added traffic and parking problems which will occur in this area. Mr. Frank Becker, resident of 3412 Quiet Cove, stated that he owns rental units on Begonia Avenue and is the owner of Bay Escrow. He stated that in the past two months he has not been able to find parking on Begonia Avenue. He stated that the restaurant use has impacted the surrounding area and stated that parking requirements should be imposed on the restaurant use so that the other uses in the area can co- exist. ME • n U November.10, 1983 of Newport Beach In response to a question posed by Chairman King, Mr. Becker stated that the parking at Bay Escrow is common parking with the other merchants in the building, the parking spaces are not guaranteed.for each use. In response to a question posed by. Commissioner Goff, Mr. Becker stated that the valet parking generally begins around 5:00 p.m. He stated that during the daytime, the existence of the restaurant use impacts the limited amount of parking for the merchants in the area. Mrs. Mary Longacre, resident of 701 Carnation Avenue, invited all the members of the Planning Commission to visit her home on a Friday or Saturday night and try to sleep through the noise and traffic .which the restaurant use generates. Mr. John Oberto, resident of 619 Carnation Avenue, expressed his concern that many of the people who visit a bar do not utilize the valet parking, but would rather park their vehicles on the surrounding residential streets. He stated that increasing the hours of the operation will increase the problem with the noise and traffic. Mr. Coffin emphasized that the applicant has taken over a pre- existing, non - conforming restaurant use which did not have established hours of operation. He stated that the applicant agreed with the City to apply for a use permit. He stated that the restaurant is not an illegal use and that dancing is not being requested. He stated that the City approved the plans which were submitted for the remodel of the restaurant and that there has been a substantial reduction in the amount of "net public area ". Mr. Coffin stated that there has been a relocation of the bar area, but there is not an emphasis on alcohol consumption. He stated that the Los Angeles magazine recently named the Park Bar and Grill as one of the best 50 restaurants in the Los Angeles, Orange County area. He stated that the restaurant use is a quality use and the primary emphasis is on food. MINUTES INDEX g � � m m • n U November.10, 1983 of Newport Beach In response to a question posed by Chairman King, Mr. Becker stated that the parking at Bay Escrow is common parking with the other merchants in the building, the parking spaces are not guaranteed.for each use. In response to a question posed by. Commissioner Goff, Mr. Becker stated that the valet parking generally begins around 5:00 p.m. He stated that during the daytime, the existence of the restaurant use impacts the limited amount of parking for the merchants in the area. Mrs. Mary Longacre, resident of 701 Carnation Avenue, invited all the members of the Planning Commission to visit her home on a Friday or Saturday night and try to sleep through the noise and traffic .which the restaurant use generates. Mr. John Oberto, resident of 619 Carnation Avenue, expressed his concern that many of the people who visit a bar do not utilize the valet parking, but would rather park their vehicles on the surrounding residential streets. He stated that increasing the hours of the operation will increase the problem with the noise and traffic. Mr. Coffin emphasized that the applicant has taken over a pre- existing, non - conforming restaurant use which did not have established hours of operation. He stated that the applicant agreed with the City to apply for a use permit. He stated that the restaurant is not an illegal use and that dancing is not being requested. He stated that the City approved the plans which were submitted for the remodel of the restaurant and that there has been a substantial reduction in the amount of "net public area ". Mr. Coffin stated that there has been a relocation of the bar area, but there is not an emphasis on alcohol consumption. He stated that the Los Angeles magazine recently named the Park Bar and Grill as one of the best 50 restaurants in the Los Angeles, Orange County area. He stated that the restaurant use is a quality use and the primary emphasis is on food. MINUTES INDEX 3 x � � S m c m m x 0 3 s m November 10, 1983 Pon MINUTES t Beach INDEX Mr. Coffin stated that as a non - conforming restaurant, there is no requirement for parking, other than what is currently existing. He stated that at a considerable expense, the applicant has voluntarily obtained a lease for the off -site parking in the Sherman Foundation parking lot. He stated that this will substantially reduce the parking impact of the restaurant use to the surrounding neighborhood. He stated that the applicant has also voluntarily relocated the trash enclosure and agreed to hours of dumping and delivery. He stated that the applicant is also agreeable to the hours of operation as contained in the staff report, with the exception of the Sunday brunch operation. Mr. Coffin further stated that the alley has been vacated and is not a public alley. He stated that this is privately owned property and is a part of the parking lot. He stated that this information was obtained from the Planning Department and the City • Attorney's office. Mr. Coffin stated that not all of the parking problems of the area can be attributed to the patrons of the Park Bar and Grill restaurant. He stated that there are other restaurants and uses in the area which also contribute to the traffic and parking problems. Commissioner Goff asked how late food is served at the restaurant. Mr. Coffin stated that the last dinners are served at 11:00 p.m. on the weekdays and 12:00 midnight on the weekends. Mr. Becker stated that the parking lot has spaces for 21 vehicles. He stated that aside from the restaurant, the parking lot is always full from employees and customers of the commercial uses. He suggested. that the restaurant use be limited in their use of the on -site parking and be required to valet park their patrons to their off -site locations. In response to a question posed by Chairman King, Mr. Coffin stated that the restaurant use can only utilize the Sherman Foundation parking lot from 5:30 p.m. until the restaurant's closing time. He stated that the Sherman Foundation has exclusive rights to the parking • lot during those evenings which parking is necessary for a Sherman Foundation event. -10- • Motion Amendment • COMMISSIONERS r m m � c m ao v m � 7C yy W..7 November_10, 1983 of Newport Beach Commissioner Person stated that Mr. Coffin has indicated that the applicant is not obligated to limit their hours of operation. He asked Mr. Gabriele his position on this issue. Mr. Gabriele, Assistant City Attorney, stated that a dispute exists as to the extent of the non - conforming rights, due to the number of years a restaurant use has been established at this location and the number of changes of ownerships at this location. He stated that rather than this case being involved in litigation, the City and the applicant have agreed to the use permit process to accomplish the overall objectives of the City. * x The Planning Commission recessed at 8:55 p.m. and reconvened at 9:05 p,m. Motion was made for approval of Use Permit No. 1417 (Amended), subject to the findings and conditions of Exhibit "A ", with the following revisions: Condition No. 2, hours of operation shall be until 12:00 midnight Friday and Saturday, until 11:00 p.m. Sunday through Thursday, and shall not be open earlier than 11:00 a.m. any day, except on Sunday the restaurant can open at 10:30 a.m.; and, Condition No.. -10 shall be deleted which required the security guard. Commissioner Balalis suggested that deliveries be limited to specified hours. Commissioner Goff concurred and amended his motion to include that the hours of deliveries be consistent with the hours imposed on trash dumping as contained in Condition No. 9. No deliveries to the restaurant use shall be between the hours of 10:00 p.m. and 8:00 a.m. daily. Commissioner Kurlander stated that he will support the motion because the hours of operation as stated are reasonable. He stated that after 10:30 p.m. or 11:00 p.m. the use becomes more of a bar type operation which is not compatible with the adjoining residential neighborhood. -11- MINUTES INDEX MINUTES 3 � � r v m m A m � w C � 9J m m � November.10, 1983 In t Beach INDEX Commissioner Kurlander stated that the Planning Commission has imposed 12:00 midnight limitations on other restaurants in the area. He further stated that Condition No. 11 gives the Planning Commission the opportunity to monitor the operation and modify conditions of the use permit should there be continuing problems to the neighborhood. Ayes mrixixixi Commissioner Goff's amended motion for approval of Use y pp. Noes Permit No. 1417 (Amended), was now voted on, which Absent AMENDED MOTION CARRIED, as follows: FINDINGS: 1.. That the proposed development as conditioned, is consistent with the Land Use Element of the • General Plan and the Local Coastal Plan, and is compatible with surrounding land uses. 2. The project as conditioned, will not have any significant environmental impact. 3. The off -site parking area is located so as to be useful to the proposed restaurant use. 4. Parking on such off -site lot will not create undue traffic hazards in the surrounding area. 5. That the waiver of parking in this case is based on the required good faith effort and continuing obligation on the part of the applicant to seek and obtain off - street parking. 6. That the waiver of a resubdivision is justified in this particular case since the estate in the real property.is of sufficient length to guarantee that the lots or parcels which constitute the building site will be held as a single entity for the economic duration of the building improvements placed on the site. • 11111111 -12- MMISSIONERS November 10, 1983 � x � � 5 v � m a w. City of Newport Beach 7. The approval of Use Permit No. 1417 (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. 8. The proposed use of tandem parking and a valet parking service will not, under the circumstances of this 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. CONDITIONS: • I I I 111. That development shall be in substantial conformance with the approved plot plan, floor plan and elevations. 2. A restaurant shall be permitted on the site and shall be allowed to remain open until 12:00 midnight Friday and Saturday, and shall be allowed to remain open until 11:00 p.m. Sunday through Thursday. The restaurant shall not open earlier than 11:00 a.m. any day, except on Sunday the restaurant can open at 10:30 a.m. This use permit shall receive a new number (i.e. Use Permit No. 3072), and Use Permit No. 1417 and conditions thereto shall be deemed void and of no effect. 3. That the applicant shall provide to the best of his ability and on an informal basis, a minimum of twenty -four (24) off - street parking spaces on property located at the northwesterly corner of East Coast Highway and Dahlia Avenue (Lot 4 and a portion of Lot 3, Block C, Tract No. 470) for evening use. In the event that the applicant is no longer able to use some or all of this off -site lot, the applicant shall notify the Planning Director within 30 days and the matter will be referred to the Planning Commission. The Planning Commission on review, may impose upon the applicant a continuing obligation to seek and obtain adequate off -site parking. -13- MINUTES INDEX MINUTES November.10, 1983 � x r c v m W 0- 0 A. City of Newport Beach ROLL CALL I I I I J i l l I INDEX ■ 4. That the valet parking service be provided at all times during the evening hours of operation. 5. That the City Traffic Engineer shall approve the specific valet operation and route. 6. That the valet station shall be located within the on -site parking area and shall maintain a minimum distance of approximately 118 feet from Carnation Avenue.. 7. Live entertainment shall be limited to a single unamplified piano and a single microphone to amplify only the human voice, and shall be confined to the interior of the building. 8. That the off - street parking requirement is waived on the basis on the required good faith effort and continuing obligation of the applicant to seek and • obtain off - street parking. 9. That all trash containers shall be screened from view and from adjacent properties, and no trash shall be dumped into said trash containers between the hours of 10:00 p.m. and 8:00 a.m. daily. No deliveries to the restaurant use shall be between the hours of 10:00 p.m. and 8:00 a.m. daily. U 10. Deleted by the Planning Commission. 11. That the Planning Commission may add and/or modify conditions of approval to this use permit upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety or welfare of the community. -14- 3 x � m m • • November.10, 1983 of Newport Beach Use Permit No. 1987 Request to consider the revocation of a previously approved, use permit which permitted the establishment of an automobile sales and service facility in the C -1 -H District. Said revocation proceedings are for failure to comply with required conditions of approval. AND Resubdivision No. 763 (Public Hearing) Request to establish one building site and eliminate interior lot lines where four lots presently exist so as to allow alterations to an existing automobile sales and service facility. LOCATION: Lots 39 through 42 of Tract No. 1210, located at 1200 West Coast Highway, on the northerly side of West Coast Highway, across the Balboa Bay Club. ZONE: C -1 -H APPLICANT: Albert Mardikian- Engineering, Inc. /Trend Imports Sales, Inc.., Newport Beach OWNER: Same as applicant ENGINEER: Inder Engineering, Fountain Valley Chairman King noted that at tonight's meeting the Planning Commission had received a letter dated November 9, 1983, from the applicant, containing an easement dedication and a copy of a dismissal for bankruptcy. Mr. Robert Gabriele, Assistant City Attorney, stated that the easement dedication for the 12 feet of land along the West Coast Highway frontage of the property, which was submitted by the applicant at tonight's meeting, is not consistent with the language proposed by the City Attorney's Office. -15- MINUTES INDEX Item #2A USE PERMIT I NO. 1987 REVOCATION AND Item #2B RESUB- DIVISION NO. 763 Both A MINUTES November 10, 1983 m City of Newport Beach INDEX Mr. Gabriele stated that he 'met with the applicant's representative, Mr. John Allison, and has had telephone conversations with Mr. Allison. Mr. Gabriele stated that he had informed Mr. Allison of the language to be utilized in the dedication. However, this is not the language that the applicant chose to use. Mr. Gabriele further stated that the easement dedication submitted by the applicant is a conditional dedication, which is contrary to the Planning Commission requirements dating back to 1981 and contrary to the discussion held by the Planning Commission on October 20, 1983. He also stated that the language stated in the easement dedication submitted by the applicant is inconsistent with the interests of the City. • Mr. John Allison, resident of 409 Jasmine Avenue, representing the applicant, appeared before the Commission. Mr. Allison stated that the word "conditional" was inserted into the easement dedication because the dedication was a condition on the original use permit. He stated that the term "unconditional" does not represent the facts. He stated that in discussing this with the applicant, the applicant would be agreeable to changing the language. Commissioner Person referred to the Planning Commission Minutes dated April 23, 1981, Condition of Approval No. 6 of the original use permit, and read as follows: 6) That prior to the issuance of the use permit, the applicant shall dedicate to the City for street and highway purposes, the applicant's interest in a 12 -foot wide strip of land adjacent to Coast Highway and across the Coast Highway frontage. The strip is to be used in the future for the widening of West Coast Highway. Mr. Allison stated that the easement dedication which the applicant has supplied at tonight's meeting • complies with the condition. Mr. Gabriele stated that it does not. -16- MINUTES November 10, 1983 City of Newport Beach m 3 O INDEX Mr. Allison stated that the applicant is willing to agree to Mr. Gabriele's suggested language. He stated that the applicant can execute a document tomorrow which contains the word, "unconditionally ". Commissioner Person stated that the Planning Commission made this requirement clear to Mr. Allison at the October 20, 1983, Planning Commission Meeting. Mr. Gabriele expressed his concern that Mr. Allison had agreed to the suggested language last week, yet had the applicant execute a document with different language. Mr. Gabriele questioned Mr. Allison's intent on submitting yet another document. Chairman King expressed his.concern that the applicant, Mr. Albert Mardikian, has not appeared personally before the Planning Commission to answer any of these questions. • Commissioner Balalis suggested that the Planning Commission recommend to the City.Council that the use permit be revoked. He stated that in the interim, the applicant can then provide the City Attorney with the required document. He stated that if the applicant provides the City with the required documentation, then the City Council can overrule the revocation recommendation of the Planning Commission. In response to a question posed by Commissioner Person, Planning Director Hewicker stated that the appeal by the applicant of the Planning Commission's denial of the amendment to the use permit, is scheduled to be heard by the City Council this following Monday evening. Mr. Gabriele stated that an alternative would be for Mr. Allison to contact Mr. Mardikian and obtain a signed, unconditional dedication by the end of tonight's meeting. He stated that in this way, the only outstanding matter before the City Council would be the recent appeal of the applicant. Chairman King stated that this item could be continued to the Planning Commission Meeting of December 8, 1983, • and request that the City Council refer back to the Planning Commission the original use permit. -17- MMI55iCJNtKS November 10, 1983 v m w. City of Newport Beach Planning Director Hewicker stated that the Planning Commission could request that the applicant provide a satisfactory easement dedication to the City Attorney's Office by 5:00 p.m. on Monday. He stated that the staff can report on the status of the dedication to the City Council on Monday evening. He stated that if the dedication is satisfactory, the Planning Commission can then decide upon the revocation at the Planning Commission Meeting of December 8, 1983. Commissioner Goff asked if the City Attorney's Office is requiring the dedication of the leasehold interest or the feehold interest. Mr. Gabriele stated that under the terms of Condition No. 6 of the original use permit, to the extent that.the applicant has more than a leasehold interest in the property, the City is entitled to that interest. He stated that pursuant to the Municipal Code, Mr. Mardikian, as the feeholder, is . required to file a resubdivision. He stated that the Planning Commission can impose conditions upon the resubdivision relating to the fee interest. Mr. Gabriele stated that in February of 1982, when the building permits were obtained, the applicant did not satisfactorily disclose to the City the location of the lot lines with respect to the building which was constructed. Mr. Allison stated that the applicant adequately disclosed to the City the location of the lot lines, however, the contractor built the building in the wrong location. Mr. Gabriele stated that the resubdivision is a requirement because the building was constructed across lot lines. Chairman King stated that the applicant can either provide the dedication as required, or the use permit can be revoked. Mr. Gabriele stated that the dedication of the leasehold interest is associated with the use permit and the dedication of the feehold interest is associated with the resubdivision. I I I ( I Commissioner Person suggested that Mr. Gabriele provide to Mr. Allison in writing this evening, the language for the easement dedication which is acceptable to the • 1 1 1 1 I I I City. He stated that in this way, Mr. Allison is made aware of the language which will be accepted. Elm MINUTES INDEX 11 • November.l0, 1983 3 x , r . y m m w City of Newport Beach Chairman King referred to the staff report prepared for Resubdivision No. 763, and stated that Condition No..4 provides for the dedication of the 12 -foot wide strip. of land by the feeholder. In response to a question posed by, Commissioner Goff, Planning Director Hewicker stated that due to an error of the contractor, the building was built over interior property lines owned by Mr. Mardikian, and the westerly portion of the building was built on property not owned by Mr. Mardikian or Trend Import Sales, Inc. Planning Director Hewicker asked Mr. Allison if Mr. Mardikian is the owner and subdivider as set forth in the tentative parcel map. Mr. Allison stated that the recorded owners of the property are Albert Mardikian and Nelli Mardikian, as joint tenants. Mr. Allison stated that the applicant for the resubdivision is not the Mardikians, but is Trend Import Sales. Mr. Gabriele stated that the application submitted to the City for the resubdivision indicates Albert Mardikian as the owner and applicant for the resubdivision. Mr. Stan Kostecki, the applicant's architect, stated that the application should be filled out as Mr. Mardikian, Inc., and Trend Import, Inc. also. Mr. Allison stated that because Trend Import was involved in a bankruptcy proceeding, Albert Mardikian Engineer- ing, Inc., paid for the resubdivision application. Mr. Gabriele stated that the Municipal Code requires the feeholder of the property to apply for the resubdivision application. He stated that Mr. Mardikian's name and signature appear on the application submitted-to the City. Planning Director Hewicker asked Mr. Allison if the fee owner of the property will dedicate the fee interest of the 12 -foot wide strip, to the City. Mr. Allison stated that he has not addressed this question with Mr. Mardikian. Mr. Allison stated that Mr. Mardikian as the fee owner, did consent to the resubdivision which was asked for by Trend Import. He stated that it was Trend Import that had the building constructed which triggered the requirement for the resubdivision. -19- MINUTES INDEX MMISSIONERS November 10, 1983 MINUTES `2 v m m m 0 A. City of Newport Beach INDEX Mr. Allison stated that he was unaware of the provision in the Municipal Code that the application for the resubdivision must made by the fee owner. Commissioner Person urged Mr. Allison to discuss each and every issue with Mr. Mardikian that has been raised by the Planning Commission. Chairman King suggested that Mr. Allison review the Municipal Code also. Mr. Allison concurred. Mr. Gabriele stated that either Mr. Allison should be given the authority to act on behalf of Mr. Mardikian, or Mr. Mardikian himself, should attend the Planning Commission meetings and act upon his own behalf. In response to a question posed by Commissioner Goff, Mr. Gabriele stated that the onus is placed upon the applicant to supply the City with complete information, sufficient to ensure that the City reviewers are able to act pursuant to the Municipal Code. He stated • thousands of permits are applied for on an annual basis and the City can not independently investigate each and every lot line designation. Commissioner Goff asked if the City is justified in requiring this resubdivision. Mr. Gabriele stated that there is no question that the City is justified in requiring this resubdivision. Commissioner Kurlander suggested that the satisfactory dedication of the leasehold interest be supplied to the City Attorney's Office by 5:00 p.m. on Monday, November 14, 1983. Motion X Motion was made to continue the revocation of Use Ayes X X X X X X Permit No. 1987 to the Planning Commission Meeting of Absent * December 8, 1983, and further that the satisfactory dedication of the leasehold interest be supplied to the City Attorney's Office by 5:00 p.m. on Monday, November 14, 1983, which MOTION CARRIED. Motion X Motion was made to continue Resubdivision No. 763 to Ayes X X X X X the Planning Commission Meeting of December 8, 1983, Absent * which MOTION CARRIED. • x x x -20- e A r w CD • r LJ November.10, 1983 Of t Beach Resubdivision No. 745 (Continued Public Hearing) Request to resubdivide .445 acres of land into a single parcel for residential condominium purposes. AND Use Permit No. 3033 (Continued Public Hearing) Request to permit the construction of a four (4) unit residential condominium development and related garage spaces in the R -3 District. The proposal also includes a request to allow a portion of the development to exceed the 28 foot height limit on the rear one -half of the lot located in the 28/32 Foot Height Limitation District and the acceptance of an Environmental Document. AND Coastal Development Permit No. 3 (Discussion) Request to consider a Coastal Development Permit for the purpose of establishing project compliance for a four unit residential development pursuant to the administrative guidelines for the implementation of the State law relative to low- and - moderate income housing within the Coastal Zone. LOCATION: A portion of Block -D of Corona del Mar Tract, located at 311 Carnation Avenue, on the northwesterly corner of Carnation Avenue and Bayside Drive, northeasterly of Seaview Avenue, in Corona del Mar. ZONE: R -3 APPLICANT: M. Petyo and Associates, Irvine OWNER: Molseed and Rylee, Newport Beach ENGINEER: Same as applicant Mr. William Laycock, Current Planning Administrator, referred to Page 3 of the staff report for October 20, 1983, and stated that there will be '10 parking spaces provided on -site, rather than 9 parking spaces. -21- MINUTES Item #3A R -745 Item #3B UP -3033 Item #3C mp Nn _ -3 ALL APPROVED CONDI- TIONALLY MMISSIONERS November 10, 1983 � x �s r � m m City of Newport Beach The public hearing opened in connection with this item and Mr. Wendall Ryles, the owner, requested approval of this item and stated that he concurs with the findings and conditions of the staff report. Mr. Steven Crooke, attorney, appearing on behalf of his parents who own the parcel located at 307 Carnation Avenue, appeared before the Commission. Mr. Crooke stated that the staff report contains letters he had written to the City and the applicant. He expressed their concerns relating to the existing slope and stated that a certified topographical survey is needed. He stated that the topographical analysis submitted is inadequate. He stated that Conditions of Approval No. 3 and 4, relating to the building heights, may not be sufficient if the adjustment is larger than anticipated. Planning Director Hewicker stated that the project • would have to come back before the Planning Commission if the project exceeds its approved height limit. Mr. Crooke also expressed their concern as to whether the size of the proposed project is appropriate, given the nature of the parcel. He referred to his letter contained in the staff report and discussed the buildable acreage criteria. * * s Commissioner McLaughlin was present at 9:55 p.m. In response to a question posed by Commissioner Person, Mr. Don Webb, City Engineer, stated that a certified survey is a requirement of the resubdivision application. Mr. R.C. Crooke, resident of 307 Carnation, appeared before the Commission and stated that overall; the proposed project will improve the neighborhood. However, he expressed his concern with the geology of the slope. He stated that he has spoken with the architect and the surveyor, and he believed that the contours were taken from aerial photography. He stated that aerial photography is very inaccurate. -22- MINUTES INDEX � x m November 10, 1983 PonI MINUTES t Beach INDEX Mr. Crooke requested that a licensed survey contour topography map be on file with the City. Mr. Harvey Pease, owner of property located at 314 Carnation Avenue, appeared before the Commission. Mr. Pease submitted to the Planning Commission his letter dated November 10, 1983, stating his concern that the project will exceed the height limitation. He stated that his property will be adversely impacted if the proposed project intrudes or encroaches into the view of his property. He stated that the landscaping of the proposed project should be restricted in height not to exceed the height limitation of the building itself. He stated that the proposed project is not consistent with the surrounding neighborhood and that the use permit should be denied. Commissioner Goff stated that if this property were to be constructed as rental units, rather than a • condominium project, the project could contain an additional 7,000 square feet if it were to be built within the height limit and would not require Planning Commission approval. Planning Director Hewicker stated that a Coastal Development Permit is required regardless of the height limit being exceeded. Planning Director Hewicker stated that the areas which the roof exceeds the height limit are not in areas which block a view, but are located in areas over the down slope topography of the back portion of the property and less likely to block the view. Motion Motion was made for approval of Resubdivision No. 745, Use Permit No. 3033, and Coastal Development Permit No. 3, subject to the findings and conditions of Exhibit "A ".. Amendment x Amendment was made to the approval of Use Permit No. 3033, amending Condition of Approval No. 7 to reflect that attention shall be given in the landscaping plan to preserving all existing views. Commissioner Goff stated that Condition No. 8 requires that the landscaping plan be reviewed by the Parks, Beaches and Recreation Department and approved by the • Planning Department, at which time the landscaping plan shall be prepared with consideration of the least impact to existing views. -23- COMMISSIONERS MINUTES November 10, 1983 � r m w. City of Newport Beach ROLL CALL INDEX Not Accepted X Commissioner Person stated that he can not accept the amendment to his motion. He stated that Condition No. 8 is adequate, in that it requires review by the Parks, Beaches and Recreation Department and approval of the Planning Department. Ayes X X Noes X X K X Commissioner Goff's amendment to the motion was now Abstain X voted on, which AMENDMENT FAILED. Ayes X X X X X Commissioner Person's original motion for approval was Abstain X now voted on, which MOTION CARRIED, as follows: USE PERMIT No. 3033 FINDINGS: I I I I I ( I I 1. That each of the proposed units has been designed as a condominium with separate and individual • utility connections. 2. The project complies with all applicable standards, plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval, except for a portion of a roof that exceeds the basic height limit. 3. The project lot size conforms to the Zoning Code area requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan and the adopted Local Coastal Program, Land Use Plan. 5. That adequate on -site parking spaces are proposed in, conjunction with the residential condominium development. I I ( ( I ( I 6. The increased building height will result in more public visual open space and views than is required by, the basic height limit inasmuch as there is a greater amount of open space on the • I I I I I site adjacent to Bayside Drive and Carnation Avenue. -24- F p M/VtISSIONEKS November 10, 1983 r c S. 9 m a W si 5-M m r City of Newport Beach 7. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. 8. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. 9. The structure will have no more floor area than could have been achieved without the use permit for the building height. 10. The approval of Use Permit No. 3033 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 conformance with the approved plot plan, floor plans and elevations except as may be noted below. 2. That two garage spaces shall be provided for each dwelling unit. 3. That the proposed residential development shall meet the provision of Section 20.11.020,8., of the Newport Beach Municipal. Code as to permitted building heights in the R -3 District in Corona del Mar except for those portions of the roof as shown on submitted plans, which exceed the 28 foot basic height limit on the rear one -half of the lot. -25- MINUTES INDEX MMISSIONERS " November 10, 1983 � x i v m m 3 y. City of Newport Beach MINUTES ROLL CALL I I I I J i l l I INDEX ■ 4. That the applicant shall provide verification during the course of construction that the proposed development fully complies with the provisions of condition No. 3 above. Required verification shall be prepared and certified by a licensed land surveyor or civil engineer prior to final inspection of rough framing. 5. Should any resources be uncovered during construction, a qualified archaeologist or paleontologist shall evaluate the site prior to completion of construction activities, and in accordance with City Policies K -6 and K -7. 6. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 7. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. 8. A landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and approval of the Planning Department. 9. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 10. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated via a system designed. to avoid surface runoff and over - watering. 11. 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. 12. The grading permit shall include, if required, a description of haul routes, access points to the site and a watering and sweeping program designed to minimize impact of haul operations. • ( I ( I I 13. An erosion and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department. -26- � � E 9 ro m CI C o? n p m November 10, 1983 of Newport Beach MINUTES ROLL CALL 1 11 1 1 1 1 1 I INDEX ■ 14. That an erosion and siltation control plan, if required, be approved by the California Regional Water Quality Control Board - Santa Ana Region, and the plan be submitted to said Board ten days prior to any construction activities. 15. The project shall be so designed to eliminate light and glare spillage on adjacent residential uses. 16. That prior to the occupancy of any units a qualified acoustical engineer shall demonstrate to the satisfaction of the City that the roadway noise impact on the project does not exceed 65 dba CNEL for outside living areas and the requirements of the law for interior spaces. 17. That all conditions of the Resubdivision No. 745 shall be fulfilled. • 18. That the proposed development shall be Type V, one hour construction, and in addition, shall provide built -in fire protection (sprinklered) , or other provisions as may be accepted by the Fire Department. RESUBDIVISION NO. 745 FINDINGS: 1. 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. 2. That the proposed subdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a final map be filed. • I I I ' I I 2. That all improvements be constructed as required by ordinance and the Public Works Department. -27- MINUTES November 10, 1983 so 11.11 City of Newport Beach INDEX 3. That each unit shall have separate water services and sewer connections, unless otherwise approved by the Public Works Department. 4. That curb,gutter, sidewalk and pavement be constructed along Carnation Avenue (private street) frontage, and that the curb location and grades be approved by the Public Works Department. 5. That a standard subdivision agreement and accompanying surety be provided to guarantee satisfactory completion of the street improvements, if it is desired to obtain a building permit or record the parcel map prior to completion of the street improvements. COASTAL DEVELOPMENT PERMIT NO. 3 on X Motion was made for approval of Coastal Development Ayes X X X X Permit No. 3, subject to the following findings, which Abstain - X MOTION CARRIED: FINDINGS: 1. That in accordance with Section 65590 of the State Government Code and Newport Beach City Council Policy P -1, the Planning Commission has evaluated the feasibility of providing low and moderate income housing in conjunction with the proposed new housing development. 2. That it is not economically feasible to provide low or moderate income housing on -site. 3. That it is not economically feasible to provide low or moderate income housing off -site. The Planning Commission recessed at 10:15 p.m, and reconvened at 10:20 p.m. • Illlllll ` ** IRM s� r m m m 3 c w Q ;q C) c 0? 6 p m • U November.10, 1983 L_n t Beach Request to convert the former "Corrigan's Seafoods" retail /warehouse building into a travel agency and marine related office uses in the M -1 District. The proposal also includes a request to waive a portion of the required off- street parking spaces, and the approval of an off -site parking agreement for the remainder of the required parking spaces. A modification to the Zoning Code is also requested so as to allow five compact parking spaces on the off -site parking lot. LOCATION: Project Site: Lots 1 and 2, Block 425, Lancaster's Addition, located at 2800 Lafayette Avenue on the northeasterly corner of 28th Street and Lafayette Avenue, in Cannery Village. MINUTES INDEX Item #4 USE PERMIT NO., 3063 Off -Site Parking Site: Lots 27 and 28, APPROVED Block 225, Lancaster's Addition, located CONDI- at 2800 Villa Way, on the northwesterly TIONAL LY corner of Villa Way and 28th Street, in TIONAL Cannery Village. ZONE: M -1 0 Off -Site Parking Site: A portion of Lot 10, Subdivision of Block 227, Section A, Newport Beach, located at 2807 Newport Boulevard, on the northwesterly corner of Newport Boulevard (northbound) and 28th Street. ZONE: C -1 APPLICANT: Ruth Zimmerman, Newport Beach OWNERS: Nicholas H. and Jane M. Delaney, Riverside Commissioner Person advised the Planning Commission that he would not be participating or voting upon this item. -29- 3 x � r S 9 0 m • I� U November.10, 1983 of Newport Beach The public hearing opened in connection with this item and Mr... Brion. Jeannette, architect, representing the applicant, appeared before the Commission. Mr. Jeannette referred to Condition of Approval No. 16 and asked if the alley could be paved with asphalt rather than concrete. Mr. Don Webb, City Engineer, stated that concrete is recommended for 10 foot wide alleys because of drainage purposes. In response to a question posed by Commissioner Balalis, Mr. Webb stated that future improvements to the area will also be required to construct the alleys with concrete. Mr. Jeannette stated that his calculations indicate that 36.9% of the uses on the site will be incentive uses as defined in the Adopted Local Coastal Program, Land Use Plan, whereas staff calculates that only 34.76 of the proposed uses are incentive uses. He expressed his concern with the concept of the retail /marine use and the definition of the term, "site ". Mr. Jeannette stated that the proposed renovation will contain approximately 450 square _feet less than the existing building on the site and will provide better access to the existing commercial fishing operation. He stated that the proposed renovation will rejuvenate the Cannery Village area. Mr. Jeannette stated that it is their belief that Robert Davis Yacht Sales constitutes a retail /marine use because the sale of a yacht is marine dependent. He further stated that the yacht sales operation contributes towards the incentive uses as defined in the Local Coastal Program, Land Use Plan. Mr. Jeannette referred to an exhibit which he had prepared which depicted the percentage of incentive uses on the proposed project. He stated that the 406 should be a function of the net building area or improvement, rather than a function of the site. Planning Director Hewicker referred to Page 7 of the staff report and discussed the definition of the term, "site ". Mr. Jeannette stated that the definition of "site" in the Local Coastal Program, Land Use Plan is not clear. -30- MINUTES INDEX n 7C c °�s n ;K W m • • November,10, 1983 Of MINUTES t Beach INDEX Planning Director Hewicker stated that this is the first application which has been submitted to the Planning Department which has necessitated the staff to interpret the definition of the percentage of site, He stated that the 34.7% incentive use as determined by staff should be adjusted slightly upward as a result of the requirement by the City for the five foot walkway to the lateral access on the water. He stated that staff is in disagreement with Mr. Jeannette relating to the retail boat sales as an incentive use. Commissioner Goff referred to Page 5 of the staff report and stated that retail marine sales is included on the list of incentive uses. Commissioner Goff and Commissioner Winburn questioned why yachts sales are not included in this category. Planning Director Hewicker stated that the retail marine sale of a boat which is made on the premises and the boat is actually displayed and made for sale on the premises is acceptable. However, a yacht brokerage is essentially an office type use, similar to a real estate broker, where the broker himself does not depend on being located on the water to conduct the business. He stated that it is true that the boat may be in the water, but not necessarily at this location. In response to a question posed by Commissioner Goff, Planning Director Hewicker stated-that boat rentals and charters are specifically listed as incentive uses in the Local Coastal Program, Land Use Plan. Commissioner Winburn - stated that a marine insurance company located next to a boat charter operation would probably not be considered as an incentive use, even though marine insurance is necessary in order to charter a boat. Planning Director Hewicker stated that the boat charter operation would offer the marine insurance to the patrons. Commissioner. Balalis stated that it would be possible for a yacht brokerage to also provide retail marine sales on the premises with a sailboat or sabot located in the water for the prospective buyer to inspect. -31- November 10, 1983 � x � r v m w a "a. City of Newport Beach m j O MINUTES 0 ROLLCALLI III Jill I INDEX 0 Chairman King stated that he chaired the Local Coastal Program meetings which discussed the interpretation of the incentive use guidelines. He stated that because of the expense of waterfront property, not many boat sale operations are located on the water and not all of the boats are kept on the site. He stated that the more that the sale of boats are encouraged to be located on the waterfront, active recreational usage of the waterfront may be discouraged. Chairman King stated that the intent of the designation is to encourage the continuation of marine oriented uses and maintain the marine theme and character. He stated that if a boat sales operation has the opportunity to locate its business on or near the water and can afford to locate the business on the water, he stated that he would be willing to interpret that the boat sales operation is related to the incentive use. • Mr. Robert Gabriele, Assistant City Attorney, stated that the Planning Commission has the authority to arrive at a reasonable interpretation of the incentive uses, so long as it is consistent with the overall objectives of the City. • Chairman King asked if the yacht brokerage could locate a boat on the waterfront in front of the proposed project so that potential buyers could board the boat on site. Mr. Jeannette stated that the boat could actually be boarded from the dock at the end of the bulkhead. Chairman King suggested that the project could be conditioned to operate as a marine brokerage with access to the dock area to bring the vessels to the business so as to constitute a marine related use. Mr. Jeannette stated that this would be acceptable and it is their intent to satisfy the guidelines of the Local Coastal Program. Mr. Edward Francis, resident of 2440 E. Walnut in Orange, California, expressed his concern that the yacht sales slip may interfere with the four existing commercial fishing slips. He stated that this area is designated for commercial fishing purposes. -32- COMMISSIONERS MINUTES November.10, 1983 � m m 0 m City of Newport Beach KOLL CALL I I I I I I I INDEX • In response to a question posed by Chairman King; Mr. Jeannette stated that because the property is located at the end of 28th Street, an extension of the dock could allow the access of a fifth boat, without interfering with the existing four commercial fishing slips. In response to a question posed by Commissioner Goff, Planning Director Hewicker..stated that the off -site parking lot directly across the street is owned by the applicant. He stated that the El Ranchito Restaurant which currently utilizes the parking lot, is not conditioned upon utilizing this parking lot. He stated that the other off -site parking lot which is paved and fenced, does not appear to be utilized. He stated that the applicant will provide that the off -site parking lots are available for their employee and tenant use. Commissioner Goff asked if the El Ranchito Restaurant would be utilizing the parking lot during the evening hours when the commercial building is not utilizing the parking lot. Mr. Jeannette stated that the patrons of the restaurant are disruptive and the intent of his client is to protect her interest and not allow restaurant parking on her site. Commissioner Balalis stated that the owner of- the restaurant owns two properties adjacent to the restaurant, but has chosen not provide parking, because he is not required to do so. Chairman King stated that perhaps this parking lot could be made available to beachgoers on the weekend. Mr. Jeannette stated that this was initially discussed with staff but that a solution could not be reached. Chairman King referred to the Land Use Plan, and stated that the use of this parking lot being made available to beachgoers on the weekend, may be considered as a visitor serving, marine oriented use. Commissioner Balalis expressed his concern that the 40% incentive uses as a requirement of the project will be blocked on the weekend by restricting the parking. He stated that the parking need. is present and suggested that the applicant could hire someone on the weekends to rent time in the parking lot for the incentive uses. -33- e X r" m m c m o 7c A r 1 LJ • November.10, 1983 of Newaort Beach Commissioner Goff stated that parking is a problem in the area and will be in the future. He stated that a second level of parking on the lot should be encouraged in the future, not necessarily at the applicant's expense. Planning Director Hewicker stated that perhaps the parking lot could be made available for weekend users on a pay basis. He stated that there may be enough income generated from the use of the lot to pay for the added insurance and responsibility of managing the. parking lot. Mr. Jeannette expressed his concern with maintaining and policing the public use of the private parking lot. He further stated that at this particular. time, they are not ready to make the decision pertaining to the public use:of the parking lot. Commissioner Balalis stated that the parking lot is private property and that the proposed use should not be conditioned on providing parking to the public. He stated that the Commission can encourage the applicant to make the parking lot available to the public on a. profit basis. Chairman King concurred. Commissioner winburn stated that she concurs with the staff's definition of the -term, "site ". She stated that with the addition of Robert Davis Yacht Sales as an incentive use, the 408 incentive use requirement is easily met. In response to a .question posed by .Commissioner winburn, Mr. Gabriele suggested that a finding be included which establishes the "site" definition in this particular application. Planning Director Hewicker suggested that the additional finding be worded as follows: That in this particular application, the definition of the term "site as suggested by staff is appropriate. Furthermore, the addition of the area utilized by Robert Davis Yacht Sales as an incentive use is appropriate, in this particular case. Commissioner Goff suggested that perhaps a continuance of this item would helpful to establish the incentive use guidelines and resolve the questions which were raised regarding the parking usage. -34- MINUTES INDEX MINUTES November.10, 1983 City of Newport Beach LL CALL INDEX • Motion. U X Commissioner Balalis stated that the guidelines for incentive uses were discussed in several different committees over a period of three years. He stated a continuance of this item would not resolve the guidelines for incentive uses or the parking issue: He stated that by approving this application, progress may be achieved in that other businesses in the area and the El Ranchito Restaurant may become motivated to develop their own parking lots. Chairman King stated that sections of the Local Coastal Program, Land Use Plan were written purposely with vague generalities so that each application could be approached on a case by case basis. Commissioner Goff stated that the guidelines should be established before any of the applications are approved. He stated that it is futile to reinvent the wheel each time a new application is submitted. Mr. Gabriele stated that approving the request as proposed will act as a guideline for potential applicants and the staff. Commissioner Goff stated that he is not prepared to establish a guideline at tonight's meeting. Commissioner Goff further stated that if this item were to be continued, issues such as landscaping and sidewalk textures could also be addressed. Commissioner Balalis concurred with Commissioner Goff in that he is not prepared to establish guidelines at tonight's meeting. However, he stated that in this particular application, the discretion of the Planning Commission is reasonable. In response to a question posed by Commissioner Winburn, Planning Director Hewicker suggested a finding that there will be a .boat provided for the boat sales facility on the site for propective purchasers to board the vessel. By providing this, it becomes part of the incentive use. Motion was made for approval of Use Permit No. 3063, subject to the findings and conditions of Exhibit "A ", including the definition of "site" as proposed by staff for this particular application and the additional findings as proposed by staff relating to the incentive use and the provision for a boat located on the site. These findings to be one time findings relating to this . ,particular application. -35- n x � � 5 v m m November.10, 1983 on MINUTES Beach INDEX Substitute Substitute Motion was made to continue this item to the Motion x' Planning Commission Meeting of December 8, 1983, for Ayes X the reasons cited eariler by Commissioner Goff, which Noes X X XX SUBSTITUTE MOTION FAILED. Abstain JX Ayes I Abstain I XIX�7[IXIXIXIXI Commissioner Winburn's original motion for approval of Use Permit No. 3063, was now voted on as follows, which MOTION CARRIED: FINDINGS: 1. That the proposed use, as conditioned, 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 is categorically exempt from the • requirements of the California Environmental Quality Act. 3. Adequate off - street parking spaces are being provided in conjunction with the proposed development. 4. The off - street parking spaces for the proposed development on separate lots from the building site are justifiable for the following reasons: a. The off -site lots will be easily accessible. b. The proposed development will not create undue traffic hazards in the area. C. one of the off -site parking lots will be owned by the applicant, and the second off -site parking lot has a long term lease agreement for the required spaces. 5. The approval of Use Permit No. 3063 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing • I I I I I I I I and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. -36- v m m • • November.10, 1983 O Beach 6. That in this particular application, the definition of the term "site" as suggested by staff is appropriate. Furthermore, the addition of the area utilized by Robert Davis Yacht Sales as an incentive use is appropriate in this particular case. This finding to be a one time finding relating to this particular application: 7. That by providing a boat for the boat sales facility on the site for prospective purchasers to board the vessel, it becomes part of the incentive use. This finding to be a one time finding relating to this particular application. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as may be noted below. 2. That off - site parking agreements with the.form and content approved by the City Attorney shall be approved by the City Council, guaranteeing that a minimum of 14 parking spaces shall be provided on Lot 27 and a portion of Lot 28, Block 225, Lancaster's Addition, and that a minimum of 10 parking spaces shall be provided on a portion of Lot 10, Subdivision of Block 227, Section A, Newport Beach, for the duration of the use on the subject property. 3. Both off -site parking locations shall be striped in a manner. approved by the City Traffic Engineer prior to the issuance of an occupancy permit for the remodeled building. 4. That employees of the businesses occupying the subject property shall use the off -site parking lots at all times. 5. That a portion of the parking spaces on the off -site parking lot located at the northwesterly corner of 28th Street and Lafayette Avenue, shall be designated "for customer use only" in conjunction with the proposed development. Said -37- MINUCES INDEX COM M r -a m m c° wind pm November 10, 1983 m Beach MINUTES ■ R O L L CALL I I I I Jill I INDEX ■ number of spaces shall be determined by the Planning Department after the building is remodeled and occupied. 6. That a minimum of 408 of the uses on the site shall be incentive uses as defined in the Adopted Local Coastal Program, Land Use Plan. 7. That if 408 of the total uses on the site is not occupied by an acceptable incentive use, no new tenant may occupy space in the building until such time as evidence is presented indicating that the 408 standard has been met. 8. That the owner of the property is required to notify the Planning Director of the City of Newport Beach upon any change in tenancy which would affect the incentive uses and shall provide copies of all documents requested by the Planning • Department or the City in conjunction with that change in tenancy. 9. That parcel maps be processed and recorded for the subject property and the off -site parking lot located at the northwesterly corner of Villa Way and 28th Street, prior to issuance of any building permits. 10. That all improvements be constructed as required by Ordinance and the Public Works Department. 11. That a condition survey of the existing bulkhead along the Bay side of the property be, made by a civil or structural engineer; and that the bulkhead be repaired, if necessary, in conformance with the recommendations of the condition survey, and to the satisfaction of the Building Department and the Marine Department. In addition, the top of the bulkhead shall be raised to an elevation of ±9.0 MLLW. 12. That a five foot wide easement be granted to the City for unobstructed public access across the Bay side of the parcel adjacent to the Rhine Channel. The easement shall be improved and connected to . the 28th Street end in a manner approved by the Public Works Department. I" rnn�vaai�vaca November 10, 1983 v � 0 a m 0 A City of Newport Beach 13. That the curb return on the northeasterly corner of Lafayette Avenue. and 28th. Street be reconstructed, providing a curb access ramp. 14. That a two foot P.C.C. gutter be constructed adjacent to the existing curb along the Lafayette Avenue and 28th Street frontages. The grades for the gutter construction shall be provided to the Public Works Department for review. That the existing drive apron on 28th Street be removed and replaced with curb, gutter and sidewalk. 15. That a standard agreement and accompanying surety be provided to guarantee the satisfactory completion of public improvements if it is desired to obtain a Building. Permit before the public improvements are completed. 16. That full width concrete alley pavement be • constructed in the alley parallel to Newport Boulevard, extending from 28th Street to the northerly line of Lot 27, Block 225, Lancaster's Addition. U 17. That a fifteen foot radius corner cutoff at the southwesterly corner of Villa Way and 28th Street be dedicated to the public. 18. That the height of the building shall be revised, so that the structure does not exceed the permitted height of 26 feet, measured from existing grade. -39- MINUTES INDEX MMISStUNtKS November.10, 1983 9 m m City of Newport Beach Request to expand the "net public area" of an existing restaurant ( Woody's Wharf) so as to allow the construction of an outdoor deck to be used for dining and drinking purposes. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem parking with valet service for a portion of the required off - street parking and the payment of an annual in -lieu fee to the City for parking in a municipal parking lot. LOCATION: Lots 5 -7, Block 223, Section A, Newport Beach Tract, located at 2318 Newport Boulevard, on the northeasterly side of Newport Boulevard, between 22nd Street and 26th Street in the Cannery Village- McFadden Square Specific Plan Area. ZONES: APPLICANT- 0 1 1 1 1 1 1 1 1 OWNER: C -1 and C -2 Woody's Wharf, Newport Beach Woodrow Payne Estate, Newport Beach The public hearing opened in connection with this item and Mr. Vince Debiasi, representing the applicant, appeared before the Commission. Mr. Debiasi referred to Condition No. 10 which states that the use of the exterior deck shall cease at 10:00 p.m. nightly, and requested that the use of the deck be allowed to continue until 12:00 midnight. Commissioner Goff asked if the mobile homes located across the channel were notified of the public hearing. He stated that these would be the only residences which may be impacted by any noise generated from the deck area. Planning Director Hewicker stated that complaints have been received in the past from residents relating to noise which carries across the channel from other restaurant uses in the area utilizing live entertainment. Commissioner Person stated that if the deck is to be utilized for dining purposes only, rather than for live . entertainment, there should not be a problem. He stated that the problem occurs when the live entertainment is not confined to the interior of the structure. sm MINUTES INDEX NO. 3065 A COMMISSK)NERSI November.10, 1983 of Newport Beach Commissioner Balalis stated that the deck would be utilized primarily for dining purposes until 10:00 p.m. However, he stated that the use of the deck after 10:00 p.m. would primarily be utilized for drinking purposes which changes the operational characteristics and square footage use of the restaurant. He stated that in the future should the patio area become enclosed and the hours of operation become the same as the remainder of the restaurant use, then the Planning Commission should have the authority to review the use and the parking requirements. Mr. Debiasi referred to Condition No. 14, and stated that this condition gives the Planning Commission the authority to add and /or modify conditions of approval relating to the use permit. Commissioner Balalis stated that this condition relates to a violation of the use permit. • Planning Director Hewicker stated that it is currently an outdoor deck containing open landscaped areas. He stated that in the future should the applicant want to enclose the deck area and extend the hours of operation of the deck area to conform with the remainder of the restaurant use, then the applicant would have to amend the use permit. He referred to Condition No. 1 and stated that any development would be required to be in substantial conformance with the approved plot plan and floor plan. • In response to a question posed by Commissioner McLaughlin, Mr. William Laycock, Current Planning Administrator, stated that the mobile homes located across the channel were not notified of the public hearing because they are located beyond the 300 foot limitation. Commissioner Winburn expressed her concern that the deck area was constructed without the benefit of necessary permits. she referred to Condition No. 2 and suggested that the building and electrical permits necessary for the deck be obtained within thirty days, rather than sixty days. Planning Director Hewicker stated that thirty days would be feasible. -41- MINUTES INDEX m S m c m m November.10, 1983 of Newport Beach Commissioner Balalis stated that the deck would be utilized primarily for dining purposes until 10:00 p.m. However, he stated that the use of the deck after 10:00 p.m. would primarily be utilized for drinking purposes which changes the operational characteristics and square footage use of the restaurant. He stated that in the future should the patio area become enclosed and the hours of operation become the same as the remainder of the restaurant use, then the Planning Commission should have the authority to review the use and the parking requirements. Mr. Debiasi referred to Condition No. 14, and stated that this condition gives the Planning Commission the authority to add and /or modify conditions of approval relating to the use permit. Commissioner Balalis stated that this condition relates to a violation of the use permit. • Planning Director Hewicker stated that it is currently an outdoor deck containing open landscaped areas. He stated that in the future should the applicant want to enclose the deck area and extend the hours of operation of the deck area to conform with the remainder of the restaurant use, then the applicant would have to amend the use permit. He referred to Condition No. 1 and stated that any development would be required to be in substantial conformance with the approved plot plan and floor plan. • In response to a question posed by Commissioner McLaughlin, Mr. William Laycock, Current Planning Administrator, stated that the mobile homes located across the channel were not notified of the public hearing because they are located beyond the 300 foot limitation. Commissioner Winburn expressed her concern that the deck area was constructed without the benefit of necessary permits. she referred to Condition No. 2 and suggested that the building and electrical permits necessary for the deck be obtained within thirty days, rather than sixty days. Planning Director Hewicker stated that thirty days would be feasible. -41- MINUTES INDEX � x November 10, 1983 MINUTES of Newport Beach INDEX Motion X Motion was made for approval of Use Permit No. 3065, subject to the findings and conditions of Exhibit "A ", with Condition No. 10 to remain that the use of the exterior deck shall cease at 10:00 p.m. nightly because the noise does carry to outside uses and most of the activity after 10:00 p.m. would be for drinking purposes, rather than for dining purposes. He further stated that after 10:00 p.m. there are not many nights the deck could be utilized late at night because of the cold air; and, Condition No'. 2 be revised to reflect 30 days rather than 60 days. Ms. Diane Norris, owner of woody's Wharf, appeared before the Commission. Ms. Norris stated that many people in Newport Beach eat dinner after 9:00 p.m. She stated that it would be inconvenient to ask a person seated in the deck area to move to the inside of the restaurant at 10:00 p.m. • Chairman King stated that it is difficult to police and control the noise which would be generated by the outside deck. Ms. Norris stated that the closest residence is located over 700 feet away. Chairman King stated that any noise generated on the outside deck will carry across the channel. Commissioner Person stated that Delaney's Restaurant has a glass enclosure across the front of their outside deck area and suggested that a similar glass enclosure on the applicant's deck may cushion the noise. Ms. Norris suggested that the deck be allowed to operate on a trial basis and if there are any complaints they would be agreeable to installing a glass enclosure. Ms. Norris stated that Newport Beach is a beautiful City and there are so few places which a person can dine on the waterfront. She stated that it would be ashame to close off the water if it is not necessary. Amendment 2 Amendment to the motion was made to change Condition No. 10 to reflect the use of the exterior deck shall cease at 11.00 p.m. nightly, rather than 10:00 p.m. Accepted X Commissioner Goff accepted this as an amendment to his • motion. -42- Ayes Noes • F � G m M November 10, 1983 Of • Commissioner Balalis referred to Condition No. 14 and stated that should there be any problems relating to the use permit, the Planning Commissioner has the authority to add and /or modify conditions of approval to the use permit. Commissioner Goff's amended motion for approval .of Use Permit' No. 3065, was now, voted on as follows, which AMENDED 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 environmental impact. 3. The approval of Use Permit No. 3065 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 conformance with the approved plot plan and floor plan. 2. That all building and electrical permits necessary for the deck shall be obtained within thirty days. 3. That employees of. the restaurant facility shall park in the Municipal parking lot at all times. 4. That the noise from the live entertainment shall be confined to the interior of the structure. -43- MINUTES INDEX MINUTES X � m m 3 p c w 0 C November 10, 1983 of Newport Beach INDEX 5. That ten (10) in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the 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. 6. That the boat docks shall remain available at all times for patrons' use. 7. That a minimum of one parking space for each 40 sq.ft. of "net public area" shall be provided for the expanded restaurant use, excluding a credit of four parking spaces for the guest dock spaces. 8. That the valet parking service shall be in operation during all hours the restaurant is open. 9. That all mechanical equipment and trash areas be screened from Newport Boulevard, Newport Bay and adjoining properties. 10. That the use of the exterior deck shall cease at 11:00 p.m. nightly. 11. That all improvements be constructed as required by ordinance and the Public Works Department. 12. That the existing drive apron be removed and replaced with curb, gutter and sidewalk and that a new 24 foot wide drive apron be constructed approximately 18" northerly of the existing drive apron per City Standard 166 -L, with the exact location to be approve by the Public Works Department. The construction of the new drive apron may require the relocation of an existing fire hydrant; that the depressed section of brick located in the Newport Boulevard parkway be brought to grade; that the existing decorative posts along the southerly parking lot boundary be removed; and that all work be completed prior to issuance of any building permits or implementation of the subject use permit. • 11111111 -44- CQNWVTNtU " MINUTES November,10, 1983 x C m p. City of Newport Beach ITOLL CALL I I INDEX 13. That the on -site vehicular circulation plan be subject to further review and approval of the Traffic Engineer. 14. That the Planning Commission may add and /or modify Conditions of Approval to this use permit upon a determination that the operation, which is the subject of this use permit, causes injury, or is detrimental to the health, safety or welfare of the community. Lot Line Adjustment No. 83 -8 (Public Hearing) Item Vs • 6 thru 13 Request to adjust the common area lot lines for the purpose of eliminating structural encroachments on lots located in Tract No. 5878. • LOCATION: Tract No. 5878, located on the -- northwesterly side of Vista Del Oro ALL between Vista del Playa and Vista APPROVED Caudal, in the Bluffs. ICONDI- ZONE: R- 4 -B -2, PRD ON Lot Line Adjustment No. 83 -9 (Public Hearing) Request to adjust the common area lot lines for the purpose of eliminating structural encroachments on lots located in Tract No. 5741. LOCATION: Tract No. 5741, located on the southerly side of Vista Del Oro between Vista Del Playa and Vista Caudal, in the Bluffs. ZONE: R- 4 -B -2, PRD -45- MINUTES Me � r a V � m � o _ November.10, 1983 M INDEX MIJI Lot Line Adjustment No. 83 -10 (Public Hearing) Request to adjust the common area lot lines for the purpose of eliminating structural encroachments on lots located in Tract No. 6468. LOCATION: Tract No. 6468, located on the westerly side of Eastbluff Drive between Vista Del Oro and Vista Del Sol, in the Bluffs. ZONE: R- 4 -B -2', PRD Me] Lot Line Adjustment No. 83 -11 (Public Hearing) • Request to adjust the common area lot lines for the purpose of eliminating structural encroachments on lots located in Tract No. 5463. LOCATION: Tract No. 5463, located on the easterly side of Vista Del Oro between Vista Dorado and Vista Cajon, in the Bluffs. ZONE: R- 4 -B -2, PRD AND Lot Line Adjustment No. 83 -12 (Public Hearing) Request to adjust the common area lot lines for the purpose of eliminating structural encroachments on.lots located in Tract No. 5798. LOCATION: Tract No. 5798, located on the southeasterly corner of Vista Del Sol and Vista Del Oro, in the.Bluffs. ZONE: R- 4 -B -2, PRD • 11111111 -46- November.10, 1983 IaJJ UEA Beach Lot Line Adjustment No. 83 -13 (Public Hearing) Request to adjust the common area lot lines for the purpose of eliminating structural encroachments on lots located in Tract No. 5435. LOCATION: Tract No. 5435, located on the westerly side of Vista Del Oro between Vista Entrada and Mar Vista Drive, in the Bluffs. ZONE: IR- 4 -B -2 ", PRD 3Y_ 0 Lot Line Adjustment No. 83 -14 (Public Hearing) • Request to adjust the common area lot lines for the purpose of eliminating structural encroachments on lots located in Tract No. 5480. LOCATION: Tract No. 5480, located on the northerly side of Vista Del Oro between Mar Vista Drive and Vista Caudal, in the Bluffs. ZONE: I R- 4 -B -2, PRD AND Lot Line Adjustment No. 83 -15 (Public Hearing) Request to adjust the common area lot lines for the purpose of eliminating structural encroachments on lots located in Tract No. 5692. LOCATION: Tract No. 5692, located on the northerly side.of Vista Del Oro between Mar Vista Drive and Eastbluff Drive, in the Bluffs. ZONE: R- 4 -B -2, PRD APPLICANT: The Irvine Company, Newport Beach -47- MINUTES INDEX � x � r m c °w+ �aspm November.10, 1983 IaJJ UEA Beach Lot Line Adjustment No. 83 -13 (Public Hearing) Request to adjust the common area lot lines for the purpose of eliminating structural encroachments on lots located in Tract No. 5435. LOCATION: Tract No. 5435, located on the westerly side of Vista Del Oro between Vista Entrada and Mar Vista Drive, in the Bluffs. ZONE: IR- 4 -B -2 ", PRD 3Y_ 0 Lot Line Adjustment No. 83 -14 (Public Hearing) • Request to adjust the common area lot lines for the purpose of eliminating structural encroachments on lots located in Tract No. 5480. LOCATION: Tract No. 5480, located on the northerly side of Vista Del Oro between Mar Vista Drive and Vista Caudal, in the Bluffs. ZONE: I R- 4 -B -2, PRD AND Lot Line Adjustment No. 83 -15 (Public Hearing) Request to adjust the common area lot lines for the purpose of eliminating structural encroachments on lots located in Tract No. 5692. LOCATION: Tract No. 5692, located on the northerly side.of Vista Del Oro between Mar Vista Drive and Eastbluff Drive, in the Bluffs. ZONE: R- 4 -B -2, PRD APPLICANT: The Irvine Company, Newport Beach -47- MINUTES INDEX � m M m nx G)m c 5 p _ November,10, 1983 MINUTES itv of Newport Beach INDEX OWNER: Same as Applicant ENGINEER: Psomas & Associates, Costa Mesa Agenda Items No. 6 through 13 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Mr. Dave Dmohowski, representing the applicant, appeared before the Commission and requested approval of these items. LOT LINE ADJUSTMENT NO. 83 -8 Motion Y Motion was made for approval of Lot Line Adjustment No. All Ayes X X X X X K N 83 -8, subject to the following findings and conditions, which MOTION CARRIED: • FINDINGS 1. The project site described in the proposal consists of legal building sites. 2. The land taken from one parcel will be added to an adjacent parcel and no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan. 5. The proposal is consistent with the existing lots .in the vicinity. 6. The lot line adjustment, in and of itself, will .not result in the need for additional improvements and /or facilities. -48- 1. That the lot line adjustments be completed in accordance with the City's lot line adjustment • procedure. -48- cOM F $ 9 m m c m n 0 m o November.10, 1983 MINUTES of Newport Beach INDEX 2. That a record of survey be recorded with the Orange County Recorder. 3. That any additional revisions in existing lot lines not shown on the exhibit shall be revised prior to recordation of the lot line adjustment and the record of survey. 4. That no new encroachments be allowed within the City's public utility easements unless the lessees have Public Works Department approval and obtain an encroachment permit and accompanying encroachment agreement as approved by the Public Works Department.' 5. That the lot line adjustment in Lot No. 55 be revised to include the entire wrought iron fence. LOT LINE ADJUSTMENT NO. 83 -9 Motion X Motion was made for approval of Lot Line Adjustment No. All Ayes JXJX X X X X 83 -9, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS 1. The project site described in the proposal consists of legal building sites. 2. The land taken from one parcel will be added to an adjacent parcel and no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan. 5. The proposal is consistent with the existing lots in the vicinity. 6. The lot line adjustment, in and of itself, will not result in the need for additional improvements and /or facilities. -49- MMIJJIVIVtK� v m m m m o . City of Newport Beach November 10, 1983 MINUTES CONDITIONS INDEX 1. That the lot line adjustments be completed in accordance with the City's lot line adjustment procedure. 2: That a record of survey be recorded with the Orange County Recorder. 3. That encroachment agreements be prepared, executed and recorded for the encroachments into the public easements at 2128 Vista Dorado (Lot 8, Tract No.5741); and 2132 Vista Dorado (Lot 9, Tract No. 5741); and that the wording of the agreement be approved by the City Attorney's office. That the agreements be executed by the lessees prior to purchasing their property from the Irvine Company, and that encroachment permits be issued by the Public Works Department for all encroachments into the public utility easements. • 4. That no new encroachments be allowed within the City's public utility easements unless the lessees have Public Works Department approval and obtain an encroachment permit and accompanying encroachment agreement as approved by the Public Works Department. 5. That any additional revisions in existing lot lines not shown on the exhibit shall be revised prior to recordation of the lot line adjustment and the record of survey. I ] LOT LINE ADJUSTMENT NO. 83 -10 Motion Motion was made for approval of Lot Line Adjustment No. All Ayes X X X X 83 -10, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS 1. The project site described in the proposal consists of legal building sites. • ( ( ( I 2 The land taken from one parcel will be added to an adjacent parcel and no additional parcels will result from the lot line adjustment. -50- November.10, 1983 � � S � m m a X "r. City of Newport Beach 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan. 5. The proposal is consistent with the existing lots in the vicinity. 6. The lot line adjustment, in and of itself, will not result in the need for additional improvements and /or facilities. CONDITIONS 1. That the lot line adjustments be completed in accordance with the City's lot line adjustment procedures. 2. That a record of survey be recorded with the • Orange County Recorder. 3. That encroachment agreements be prepared, executed and recorded for the encroachments into public easements at 2307, 2309, 2315 and 2317 Vista Hogar (Lots 21, 20, 19 and 18 respectively); and that the wording of the agreements be approved by the City Attorney's office. That the agreements be executed by the lessees prior to purchasing their property from The Irvine Company; and that encroachment permits be issued by the Public Works Department for all encroachments into the public utility easements. That encroaching areas greater than five feet be vacated. r1 4. That no new encroachments be allowed within the City's public utility easements unless the lessees have Public Works Department approval and obtain an encroachment permit and accompanying encroachment agreement as approved by the Public Works Department. 5. That any additional revisions in existing lot lines not shown on the exhibit shall be revised prior to recordation of the lot line adjustment and the record of survey. -51- MINUTES INDEX � r m m m 5 c m November 10, 1983 L J■ MINUTES Beach INDEX LOT LINE ADJUSTMENT NO. 83 -11' Motion Motion was made for approval of Lot Line Adjustment No. s All Aye X X X X' 83 -11, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. The project site described in the proposal consists of legal building sites. 2. The land taken from one parcel will be added to an adjacent parcel and no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan. • 5. The proposal is consistent with the existing lots in the vicinity. 6. The lot line adjustment, in and of itself, will not result in the need for additional improvements and /or facilities. CONDITIONS 1. That the lot line adjustments be completed in accordance with the City's lot line adjustment procedures. 2. That a record of survey be recorded with the Orange County Recorder. 3. That no encroachments be allowed within the City's public utility easements unless the lessees have Public Works Department approval and obtain an encroachment permit and accompanying encroachment agreement as. approved by the Public works Department. 4. That any additional revisions in existing lot lines not shown on the exhibit shall be revised . prior to recordation of the lot line adjustment and the record of survey. -52- Motion All Ayes • U XIX November.10, 1983 W LOT LINE ADJUSTMENT NO. 83 -12 Motion was made for approval of tot Line Adjustment No. 83 -12, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS. 1. The project site described in the proposal consists of legal building sites. 2. The land taken from one parcel will be added to an adjacent parcel and no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan. 5. The proposal is consistent with the.existing lots in the vicinity. 6. The lot line adjustment, in and of itself, will not result in the need for additional improvements and /or facilities. CONDITIONS 1. That the lot line adjustments be completed in accordance with the City's lot line adjustment procedures. 2. That a record of survey be recorded with the Orange County Recorder. 3. That no encroachments be allowed within the City's public utility easements unless the lessees have Public Works Department approval and obtain an encroachment permit and accompanying encroachment . agreement as approved by the Public Works Department. 4. That any additional revisions in existing lot lines not shown on the exhibit shall be revised prior to recordation of the lot line adjustment and the record of survey. -53- MINUTES INDEX F C c m m m ;K n' m 0 XIX November.10, 1983 W LOT LINE ADJUSTMENT NO. 83 -12 Motion was made for approval of tot Line Adjustment No. 83 -12, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS. 1. The project site described in the proposal consists of legal building sites. 2. The land taken from one parcel will be added to an adjacent parcel and no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan. 5. The proposal is consistent with the.existing lots in the vicinity. 6. The lot line adjustment, in and of itself, will not result in the need for additional improvements and /or facilities. CONDITIONS 1. That the lot line adjustments be completed in accordance with the City's lot line adjustment procedures. 2. That a record of survey be recorded with the Orange County Recorder. 3. That no encroachments be allowed within the City's public utility easements unless the lessees have Public Works Department approval and obtain an encroachment permit and accompanying encroachment . agreement as approved by the Public Works Department. 4. That any additional revisions in existing lot lines not shown on the exhibit shall be revised prior to recordation of the lot line adjustment and the record of survey. -53- MINUTES INDEX CC)MMISSK)NERS MINUTES November.10, 1983 f � E 3 m City of Newport Beach LL CALL INDEX LOT LINE ADJUSTMENT NO. 83-13 - Motion X Motion was made for approval of Lot Line Adjustment No. All Ayes X K X X X X X 83 -13, subject to the following findings and conditions, which MOTION CARRIED: - FINDINGS 1. The project site described in the proposal consists of legal building sites. 2. The land taken from one parcel will be added to an adjacent parcel and no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. I I I 4. The proposal is consistent with the General Plan. • 5. The proposal is consistent with the existing lots in the vicinity. 6. The lot line adjustment, in and of itself, will not result in the need for additional improvements and /or facilities. CONDITIONS 1. That the lot line adjustments be completed in accordance with the City's lot line adjustment procedures. 2. That a record of survey be recorded with the Orange County Recorder. 3. That encroachment agreements be prepared, executed and recorded for the encroachments into public easements at 304 Avenida Cambre (Lot 22G, Tract No. 5435); 308 Avenida Cambre (Lot 20, Tract No. . 5435); 307 Avenida Cerritos (Lot 36 Tract No. 5435); 305 Avenida Cerritos (Lot 35, Tract No. 5435), and 2005 Avenida Carlos (Lot 54 Tract No. 5435); and that the wording of the agreements be approved by the City Attorney's office. That the • I I I I I I I I agreements be executed by the lessees prior to purchasing their property from The Irvine Company; -54- COMMISSIONERS MINUTES November 10, 1983 � m m m. City, of Newport Beach ROLL CALL INDEX and that encroachment permits be issued by the Public Works Department for all encroachments into the public utility easements. 4. That no new encroachments be allowed within the City's public utility easements unless the lessees have Public Works Department approval and .obtain an encroachment permit and accompanying encroachment agreement as approved by the Public Works Department. 5. That any additional revisions in existing lot lines not shown on the exhibit shall be revised prior to recordation of the lot line adjustment and the record of survey. FINDINGS: 1. The project site described in the proposal consists of legal building sites. 2. The land taken from one parcel will be added to an adjacent parcel and no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan. -55- 6. That the lot line adjustment in Lot No. 111 be revised to include a masonry patio wall; that the lot line adjustment in Lot No. 24 be revised to • include a second floor balcony. LOT LINE ADJUSTMENT NO. 83 -14 - Motion X Motion was made for approval of Lot Line Adjustment No. All Ayes X 11 X X 1 X X1 subject to the following findings and conditions, which MOTION CARRIED; FINDINGS: 1. The project site described in the proposal consists of legal building sites. 2. The land taken from one parcel will be added to an adjacent parcel and no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan. -55- November 10, 1983 MINUTES 3 s y m m 0 o a. I City of Newport Beach INDEX 5. The proposal is consistent with the existing lots in the vicinity. 6. The lot .line adjustment, in and of itself, will not result in the need for additional improvements and /or facilities. CONDITIONS 1. That the lot line adjustments be completed in accordance with the City's lot line adjustment procedures. 2. That a record of survey be recorded with the Orange County Recorder. 3. That any additional revisions in existing lot lines not shown on the exhibit shall be revised prior to recordation of the lot line adjustment . and the record of survey. 4. That no encroachments be allowed within the City's public utility easements unless the lessees have Public Works Department approval and obtain an encroachment permit and accompanying encroachment agreement as approved by the Public Works Department. 5. That the lot line adjustment for Lot No. 1G be revised to include an existing masonry wall. That the lot line adjustment for Lot No. 11 be revised to include an existing masonry wall. LOT LINE ADJUSTMENT NO. 83 -15 Motion X Motion was made for.approval of Lot Line Adjustment No. All Ayes X X X X X X X 83 -15, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: . 1111. j I I I I The project site described in the proposal 1 consists of legal building sites. -56- X v � m c a x ) m' November.10, 1983 itv of Newport Beach MINUTES 0 ROLL CALL I I I I Jill I INDEX 2. The land taken from one parcel will be added to an adjacent parcel and no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan. 5. The proposal is consistent with the existing lots in the vicinity. 6. The lot line adjustment, in and of itself, will not result in the need for additional improvements and /or facilities. CONDITIONS 1. That the lot line adjustments be completed in • accordance with the City's lot line adjustment procedures. 2. That a record of survey be recorded with the Orange County Recorder. 3. That any additional revisions in existing lot lines not shown on the exhibit shall be revised prior to recordation of the lot line adjustment and the record of survey. 4. That no encroachments be allowed within the City's public utility easements unless the lessees have Public Works Department approval and obtain an encroachment permit and accompanying encroachment agreement as approved by the Public Works Department. 5. That the lot line adjustment for Lot No. 11 be revised to include the second floor balcony; the lot line adjustment for Lot No. 57 be revised to . include a front patio masonry wall; and the lot line adjustment in Lot No. 67 be revised to include a patio entry cover. -57- 11 Motion All Ayes X � r m Q m � R v n q o F.i November.10, 1983 of Newport Beach Request to expand the operational characteristics of the existing Newport Beach Tennis Club to include: tennis tournaments in addition to the seven scheduled meets now permitted annually; the continuation of the seven swimming meets now permitted annually; the commercial use of club facilities by the general public to include tennis, swimming and diving lessons, aerobic classes, massages and physical therapy, and the retail commercial use of an existing pro -shop; the continuation of the service of alcoholic beverages in conjunction with the existing club restaurant and bar now permitted; the continuation of the permitted live entertainment and dancing within the clubhouse, and outside the clubhouse twice a year in conjunction with private luaus or barbeques; and the continuation. of permitting private parties in the restaurant and bar facilities with alcoholic beverages, live entertainment and dancing. The proposal also includes the installation of additional tennis court lights on courts not presently lighted. 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. ZONES: R- 4 -B -2, PRD and C -N -H APPLICANT: Newport Beach Tennis Club, Newport Beach OWNER: The Irvine Company, Newport Beach Staff recommended that Item No. 14 - Use Permit No. 3071, be continued to the Planning Commission Meeting of January 5, 1984, so as to allow additional time to discuss with the applicant the concerns expressed by the homeowners association surrounding the Newport Beach Tennis Club. Staff further advised that the applicant has no objections to the recommended continuance. Motion was made to continue Item No. 14 - Use Permit No. 3071, to the Planning Commission Meeting of January 5, 1984, which MOTION CARRIED. MINUTES PERMIT Continued to Janu- ary 5, 1984 � x i n A 0 m o_ LL CALL r1 U Motion All Ayes r� U K4 November.10, 1983 of Newport Beach MINUTES INDEX Item #15A Request to resubdivide an existing lot into a single parcel for residential.condominium purposes. RESUB- DIVISION AND NO. 754 Request to permit the construction of a two unit residential condominium development and related garage spaces on property located in the R -2 District. AND LOCATION: Lot 2, Block 735, Corona del Mar, located at 706 Heliotrope Avenue, on the northeasterly corner of Heliotrope Item #15B Avenue and Fourth Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: William MacMaster, Newport Beach OWNER: Fred Sotomayer, Newport Beach ENGINEER/ USE PERMIT ' NO. 3069 ARCHITECT: Paul Westburg, Corona del Mar - BOTH APPROVED The public hearing opened in connection with this item CONDI- and Mr. Paul _Westburg, representing the applicant, TIONALLY appeared before the Commission and requested approval of the resubdivision and use permit request. In response to a question posed by" Mr. Westburg, Planning Director Hewicker stated that the dedication of the corner cutoff at the corner of Heliotrope Avenue and Fourth Avenue does not affect the 1.5 times the buildable area of the project. RESUBDIVISION NO. 754 Motion was made for approval of Resubdivision No. 754, subject, to the following findings and conditions, with an additional finding that the net buildable area be based on the existing land use, excluding the corner cutoff dedication which will be made, which MOTION CARRIED: -59- • • MINUTES November.10, 1983 CD W m 0 City of Newport Beach LL CALL I I I I I I I INDEX FINDINGS: 1. 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. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision 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 subdivision. 4. That the net buildable area.shall be based on the existing land use excluding the corner cutoff dedication which will be made. 1. . That a parcel map be recorded. 2.. That all improvements be constructed as required by ordinance and the Public Works Department. 3. 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. 4. 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. 5. That a 10 foot radius corner cutoff at the corner of Heliotrope Avenue and Fourth Avenue be dedicated to the public. November 10, 1983 of Newport Beach MINUTES 0 ROLL CALL I III Jill I INDEX III Motion All Ayes • • X L I XI X1X 6. That a curb access ramp be constructed at the corner of Heliotrope Avenue and Fourth Street; that concrete sidewalk be constructed along the Fourth Street frontage and that the tree damaged curb and gutter be reconstructed along Fourth Street. All work is to be completed under an encroachment permit issued by the Public Works Department. USE PERMIT NO. 3069 Motion was made for approval of Use Permit No. 3069, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 3. The project lot size conforms to the zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The approval of Use Permit No. 3069 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. -61- nC � m m c m m m�x November 10, 1983 of Newport Beach MINUTES 0 ROLL CALL I III Jill I INDEX III Motion All Ayes • • X L I XI X1X 6. That a curb access ramp be constructed at the corner of Heliotrope Avenue and Fourth Street; that concrete sidewalk be constructed along the Fourth Street frontage and that the tree damaged curb and gutter be reconstructed along Fourth Street. All work is to be completed under an encroachment permit issued by the Public Works Department. USE PERMIT NO. 3069 Motion was made for approval of Use Permit No. 3069, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 3. The project lot size conforms to the zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The approval of Use Permit No. 3069 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. -61- November 10, 1983 MINUTES CONDITIONS: INDEX 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as may be noted below. 2. That all conditions of approval of Resubdivision No. 754 be fulfilled. 3. That two garage spaces shall be provided for each dwelling unit. r • I I I I I I Request to establish a take -out ice cream shop on I Item #16 property located in the C -1 District, and to waive all of the required off - street parking spaces. LOCATION: Lot 5, Block M, Tract No. 323, located at 2756 East Coast Highway, on the northeasterly side of East Coast Highway, between Goldenrod Avenue and Fernleaf Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Robert W. Forstrom, La Canada APPROVED CONDI- OWNER: Alex Pourgal, Huntington Beach TIONALLY The public hearing opened in connection with this item and Mr. Robert Forstrom, the applicant, appeared before the Commission and requested approval of this item. Motion I X I x Ix I I IXI Motion was made for approval of Use Permit No. 3070, All Ayes X X X subject to the following findings and conditions, which MOTION CARRIED:. • S90 � m m m A. City of Newport Beach CONDITIONS: INDEX 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as may be noted below. 2. That all conditions of approval of Resubdivision No. 754 be fulfilled. 3. That two garage spaces shall be provided for each dwelling unit. r • I I I I I I Request to establish a take -out ice cream shop on I Item #16 property located in the C -1 District, and to waive all of the required off - street parking spaces. LOCATION: Lot 5, Block M, Tract No. 323, located at 2756 East Coast Highway, on the northeasterly side of East Coast Highway, between Goldenrod Avenue and Fernleaf Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Robert W. Forstrom, La Canada APPROVED CONDI- OWNER: Alex Pourgal, Huntington Beach TIONALLY The public hearing opened in connection with this item and Mr. Robert Forstrom, the applicant, appeared before the Commission and requested approval of this item. Motion I X I x Ix I I IXI Motion was made for approval of Use Permit No. 3070, All Ayes X X X subject to the following findings and conditions, which MOTION CARRIED:. • S90 November 10, 1953 � r v m m °. City of Newp( t Beach MINUTES ■ BOLL CALL I 11 I Jill I INDEX 1301I1][WeTcc 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 environmental impact. 3. That the waiver of the development standards as they pertain to 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. I I I I 114. That the proposed use does not represent an • intensification of use that will result in an increased parking demand for the area. 5. The approval of Use Permit No. 3070 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 conformance with the approved plot plan and floor plan, and elevations. 2. That the development standards .related to a all of the required off - street parking spaces, parking lot illumination, building setbacks, circulation, walls, landscaping, and utility requirements, are waived. 3. That no on -sale or off -sale alcoholic beverages be sold or consumed on the premises unless the Planning Commission approves an amendment to this • use permit. -63- COMMISSIONERS MINUTES November 10, 1983 X 3 m m City of Newport Beach LL CALL INDEX 4. That the hours of operation shall be restricted to the hours between 11:00 a.m. to 12:00 midnight, daily. 5. That there shall be no seating on the premises. 6. That all signs shall conform with the requirements .of Chapter 20.06 of the Newport Beach Municipal Code. 7. That a trash compactor shall be installed.. 8. That all trash, including compacted trash bags and recyclable containers, shall be stored within the building until they are to be picked up. 9. That no cooking, or any food preparation other than ice cream or related products, 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. • 10. That the sidewalk on East Coast Highway shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed or washed in such a manner that any debris or waste water does not enter the storm drain system. 11. That trash receptacles shall be provided in convenient locations inside and outside of the subject building. 12. That all mechanical equipment shall be screened from East Coast Highway, the adjoining alley, and properties. 13. That the Planning Commission may add and /or modify Conditions of Approval to this use permit upon a determination that the operation, which is the subject of this use permit, causes injury or is detrimental to the health, safety or welfare of the community. x COMMISSIONERS a " MINUTES November 10, 1983 City of Newport Beach LL CALL INDEX Final Map of Tract No. 11935 (Discussion) Item #17 Request to approve the Final Map of Tract No. 11935 subdividing 3.668 acres of land into two (2) lots for residential condominium purposes and (1) lot for private recreational purposes. LOCATION: - Parcel No. 1 of Parcel Map No. 52 -22 FINAL MAP - (Resubdivision No. 382), located at 2700 OF TRACT Pacific View Drive, on the southeasterly NO. 11935 corner of Pacific View Drive and San Miguel Drive, across from the Baywood Apartment complex. - ZONE: R -3 -B r1 \. J Motion Ayes Abstain 0 APPLICANT: The Douglas Allred Development Company, San Diego APPROVED CONDI- OWNER: Same as applicant TIONALLY ENGINEER: R.M.G. Engineering, . Inc.; Irvine The discussion opened in connection with this item and Mr. John Mandrell, representing the applicant and the engineer, appeared before the Commission and requested approval of the Final Map. Motion was made for approval of Final Map of Tract No. 11935, subject to the following finding and condition, which MOTION CARRIED: FINDING: 1. That the proposed Final Map substantially conforms with the Tentative Map and with all changes permitted and all requirements imposed as conditions to its acceptance. CONDITION: 1. That all remaining conditions of the Tentative Map of Tract No. 11935 as approved by the City Council be fulfilled. -65- u 1] November 10, 1983 Nn Beach There being no additional business, the Planning Commission adjourned at 12:00 midnight, to the Regular Planning Commission Meeting of December 8, 1983. t x x James Person, Secretary City of Newport Beach Planning Commission MINUTES INDEX � x � � E � m m o m�a u 1] November 10, 1983 Nn Beach There being no additional business, the Planning Commission adjourned at 12:00 midnight, to the Regular Planning Commission Meeting of December 8, 1983. t x x James Person, Secretary City of Newport Beach Planning Commission MINUTES INDEX