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HomeMy WebLinkAboutC-1913 - Off-Street Parking Agreement® City Council Meeting March 14, 1977 i.iik 141977' Agenda Item No. H -2(b) By flv® CiTd COUNCIL CITY C* Wra'!Y"T REACH CITY OF NEWPORT BEACH March 10, 1977 TO: City Council FROM: Department of Community Development SUBJECT: Request for an Off -Site Parking Agreement in con 'unction with the remodeling of the located at 3801 East Coast i on a South-; easterly co`rner'ZT- rWs "t"Coast Highway and Poppy Avenue in Corona del Mar. LOCATION: Lots 1, 2 and 3, Block A, Tract 673 (Restaurant site) ZONE: APPLICANT: OWNER: Application Lots 2, 3, 4 and 5, Block Tract 323, and a portion (Off -site Parking lot). C -1 BB,and Lot 1, Block 343, of an abandoned street Van -Frank Investments, Inc., Los Angeles This application requests approval of an off -site parking agreement in conjunction with the remodeling of the Five Crowns Restaurant. In accordance with Section 20.30.035(D) of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off - street parking on a separate lot from the build- ing site or sites unless: (a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same owner- ship, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off - site lot must be owner- ship in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Com- munity Development. n .0 T0: City Council - 2. Suggested Action If desired, adopt Resolution No. authorizing the exe- cution of an off -site parking agreement between the City of Newport Beach and the Five Crowns Restaurant, Newport Beach. Planning Commission Recommendation At its meeting of March 3, 1977, the Planning Commission voted (6 Ayes, 1 Absent) to make the following findings and to approve Use Permit No. 1822 of Five Crowns Restaurant, subject to the following condi- tions: A. FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The existing work, washout, and storage areas are inadequate for the needs of the restaurant facility. The proposed development will greatly improve the restaurant operations, including the access of delivery and trash trucks to and from the site. 5. A waiver of a portion of the required off - street parking spaces is justifiable, since no additional seats or "net public area" are proposed in the restaurant complex. 6. The existing off - street parking spaces for the restaurant use on a separate lot from the building site are justifiable for the following reasons: a. The subject parking lot is directly across Poppy Avenue from the restaurant site. b. The existing development does not create undue traffic hazards in the surrounding area. c. The site is owned by the property owner of the restaurant property and will be main- tained as an off - street parking lot for the duration of the restaurant use on the adjoining property. 7. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detri- mental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detri- mental or injurious to property and improvements in the neighborhood or the general welfare of the City,and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 8. The approval of Use Permit No. 1822 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 neigh- borhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. TO: B. CONDITIONS: City Council - 3. 1. That development shall be in substantial conform- ance with the approved plot plan, floor plans, and elevations. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. 3. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of eighty -seven (87) parking spaces shall be maintained at the southwesterly corner of East Coast Highway and Poppy Avenue for the duration of the restaurant use on the adjoining property and that the remaining requirement of thirty -three (33) spaces be waived. 4. That valet parking personnel shall be maintained on the off -site parking lot at all times during the hours of operation of the restaurant facility. 5. That a washout area for trash containers shall be provided in such a manner as to allow direct drainage into the sewer system and not into the storm drains. 6. That there shall be no increase in the "net public area" of the restaurant facility in conjunction with the proposed development. 7. That a parcel map be filed. 8. That all improvements be constructed as required by Ordinance and the Public Works Department. 9. That no building permits be issued for structures within the abandoned alley area until vacation and abandonment proceedings can be completed for all or a portion of the public utility easement which was reserved when the alley was vacated and abandoned. 10. That the portion of the existing driveway approach not being used be closed up. 11. That the new driveway approach be constructed as shown on the site plan. 12. That all work in the public right -of -way be done under an encroachment permit obtained from the Public Works Department. 13. That the "heaved" sidewalk along East Coast Highway and Poppy Avenue be replaced. 14. That the valet service shall not use the driveway apron in front of the "cottage," which adjoi.ns the restaurant site to the south, for restaurant parking. Background Building records indicate that a restaurant use has existed on the site for over twenty years. No parking spaces were required by Code for the commercial use on the property at that time. Other building permits were issued for additions and alterations to the restaurant facility during the 1950's and 1960's prior to the requirement of off - street parking spaces or the necessity of securing a use permit. The Five Crowns Restaurant facility with on -sale alcoholic beverages and a piano bar, has been in operation on the site since 1965. TO: City Council - 4. The applicant now proposes to remodel and enlarge the kitchen and storage areas of the Five Crowns Restaurant complex. The proposed two -story addition will be located to the rear of the existing . facility. The proposed construction will have a maximum building height of twenty feet ± (i.e., measured to the average height of a pitched roof), and twenty -four feet t (i.e., measured to the top of the subject pitched roof). The first floor consists of an expanded kitchen with walk -in freezer and refrigerated areas, a dry storage room, a small office, and a linen closet. A wine and liquor storage room is proposed to be constructed on the second floor, adjacent to the existing manager's office and a storage room. Approximately 2,200 sq.ft. of additional space is proposed in conjunction with the proposed development, none of which will add to the restaurant's parking needs nor to the restaurant's Code parking requirements. The existing restaurant facility has an occupant load of 152 persons, according to the Fire Department. Fifty -one (51) off - street parking spaces would have been required for the restaurant use if the restau- rant had been constructed between 1969 and 1975 when the Ordinance required one parking space for each three occupants. One hundred and twenty (120) parking spaces would be required if the restaurant use were built under present restaurant parking standards of one parking space for each forty square feet of "net public area" (4,800 sq.ft.±, including a 348 sq.ft.± outdoor patio). The parking standards could also vary under current parking requirements from 96 spaces (i.e., one parking space for each fifty square feet of "net public area ") to 160 parking spaces (ie.e, one parking space for each 30 sq.ft. of "net public area "). The property on the southwesterly corner of East Coast Highway and Poppy Avenue is under the same ownership as the restaurant site, and has been utilized as an off -site parking lot for many years. Plans submitted by the applicant indicate that the subject valet parking lot has an area for 87 parked automobiles. No formal off -site parking agreement exists between the property owner and the City regarding the use of this off -site parking lot, and it is for this lot that an off - site parking agreement is required. In addition to the spaces noted above, the applicant has been using twenty spaces behind the commercial development at the northeast corner of East Coast Highway and Poppy Avenue on an informal basis. The Planning Commission has not required an off -site parking agreement for the use of this lot. Attached for the City Council's information and review is a copy of the Planning Commission staff report and an excerpt from the minutes of the Planning Commission meeting of March 3, 1977, which contain a complete description and analysis of the applicant's proposal. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By �. A S D. HEWICK R Ass stant Director - Planning JDH /kk Attachments for City Council Only: 1) Vicinity Map 2) Planning Commission staff report dated 2/25/77 with attachments 3) Excerpt from minutes of Planning Commission meeting of 3/3/77 5 S!f MAP NO. /Y t .z MAI N°. ( J v \ ti_ Lea �, q•, .A� 4- a.IV.f T -A. T!I[1.els N O��frou LW � Ls / -A f .Irf (rrf dwr.fpr LM'� .vo u[ nw.:. s+s,r srwrn nrfw m. f/ rF ro r Fu r.aro rx+r r . +u xvn u n 4)r( C., q a° "� EY�STINC /� P��R fF•SITE � " R' CKl N6 sussser ,, ., / • yO aO � a0' q F� , STA URANT mory a C q, P a• Y P � 0 �/............................ ........ �lE) DISTRICTING MAP -� NEWPORT BEACH CALIFORNIA R-a aaRR:uLTUIIU RELRMIaL JC! ruLnsLE IEGwEMnu R–I LNGLE F %MILL RE -ENnAL LIGXi OWrERCIaI UPLE% IAI GENERAL EOYMFACrI FEET r~B IIEEFh MWUM RIAU REEIOEMnaI wrGF14TUMME ORO. NO. ass am F - COMBINING DIETRIOTE UNCLASSIFIED �. M. Iai YAP NO. r Yard Depth In F4.! Shown Thus -10- USE PERMIT ,NOR 1822 1 1 Planning Commission Meeting­ March 3, 1977 Item No. 10 CITY OF NEWPORT BEACH February 25, 1977 TO: Planning Commission FROM: Department of Community Development SUBJECT: Use Permit No. 1822 (Public Hearin Request to remodel and enlarge the existing kitchen, storage and supply areas of the Five Crowns Restaurant facility in the C -1 District, and to waive a portion of the required offstreet parking spaces. The proposed development also includes the construction of a roofed trash enclosure that encroaches to the rear property line (where the Ordinance requires a 5 foot rear yard setback when the rear of a C -1 lot abuts on a Residen- tial District). LOCATION: Lots 1, 2, and 3, Block A of Tract 673, located at 3801 East Coast Highway on the southeasterly corner of East Coast Highway and Poppy Avenue in Corona del Mar. ZONE: C -1 and C -1 -H APPLICANT: The Five Crowns Restaurant, Newport Beach OWNER: Van -Frank Investments, Inc., Los Angeles Application This application requests approval of a use permit to remodel and enlarge the existing kitchen, storage and supply areas of the Five Crowns Restaurant complex, and to waive a portion of the required parking spaces. In accordance with Section 20.35.020 of the Newport Beach Municipal Code, restaurants shall be permitted in the C -1 District, subject to the securing of a use permit in each case. Furthermore, Section 20.30.030, B., 3. of the Munp)cipal Code provides that whenever a nonconforming building or use is enlarged by more than 10 percent of its original gross area in any one year period, the property on which it is located shall be made to comply with current parking requirements unless a waiver or reduction of said requirement is authorized by use permit. Use permit procedures are outlined in Chapter 20.80 of the Municipal Code. This application also requires a setback modification for a proposed roofed trash enclosure that encroaches to the rear property line where the Ordinance requires a 5 foot rear yard setback when the rear of a C -1 lot abuts on a residential district. Modification procedures are contained in Chapter 20.81 of the Municipal Code. Environmental Siqnificance This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) from the requirements of the California Environmental Qualities Act. Conformance with General Plan The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" and "Administrative, Professional and Financial Commercial" uses. The restaurant facility falls within the permitted uses. The area is also designated for a Specific Area Plan. Subject Property and Surrounding Land Use The Five Crowns Restaurant complex is located on the site. To the northeast, across East. Coast Highway, are mixed commercial uses; to the east, across Hazel Drive, is Sam's Seafood Restaurant; to the southwest, are single family dwellings; and to the west, across Poppy Item No. 10 0 1 . 0 TO: Planning Commission - 2. Avenue, is an offsite parking lot for the subject restaurant facility and single family dwellings. At its meeting of June 17, 1976, the Planning Commission approved Resubdivision No. 523 to establish one building site and eliminate interior lot lines where three lots and an abandoned alley exist so as to permit the proposed construction on the property. However, a Parcel Map has not yet been filed by the applicant. The proposed expansion of the Five Crowns Restaurant was discussed at great length at the public hearing for Resubdivision No. 523 (see attached excerpt of the Planning Commission minutes dated June 17, 1976). The Director of Community Development advised that due to the fact that the existing building was being expanded in excess of 10 percent of its original gross area, the Planning Commission should determine and instruct the applicant as to which of the following would be the determining factor or procedure to follow in connection with required parking: 1. A determination be made by the Commission that the gross area of the building was that area being used for dining purposes only and consequently the parking would not be affected. 2. That the restaurant should meet its entire needs for parking based on the range of 1 space per 30 square feet to 1 space per 50 square feet of net public area as required by the current restaurant parking standards. 3. That the applicant file for a use permit and request a waiver of any additional parking which may be required based on the fact that there would be no enlargement of the dining area. The Commission determined that since the proposed square footage would be increased by more than 10 percent of the existing building area, a use permit would have to be approved prior to the issuance of any building permits. Analysis Building records indicate that a restaurant use has existed on the site for over twenty years. No parking spaces were required by Code for the commercial use on the property at that time. Other building permits were issued for additions and alterations to the restaurant facility during the 1950's and 1960's prior to the requirement of offstreet parking spaces or the necessity of securing a use permit. The Five Crowns Restaurant facility with on -sale alcoholic beverages and a piano bar, has been in operation on the site since 1965. The applicant has submitted details of the restaurant operation which a-e attached for Commission review. The applicant now proposes to remodel and enlarge the kitchen and storage areas of the Five Crowns Restaurant complex in accordance with the attached plot plan, floor plans and elevations. The proposed two story addition will be located to the rear of the existing facility. The proposed construction will have a maximum building height of 20 feet ± (i.e. measured to the average height of a pitched roof) and 24 feet ± (i.e. measured to the top of the subject pitched roof). The first floor consists of an expanded kitchen with walk -in freezer and refrigerated areas, a dry storage room, a small office, and a linen closet. A wine and liquor storage room is proposed to be constructed on the second floor, adjacent to the existing manager's office and a storage room. Approximately 2,200 square feet of additional space is proposed in conjunction with the proposed develop- ment. Proposed Trash Area An exterior trash yard is proposed to the south of the building addition, adjacent to the rear property line. The proposed trash yard will be enclosed by a solid gate and walls, which are permitted Item No. 10 TO: Planning Commission - 3. by Code. However, the applicant is requesting a modification permit so as to roof over the entire trash area. The proposed roofed trash enclosure encroaches to the rear property line where the Ordinance requires a 5 foot rear yard setback when the rear of a C -1 lot abuts on an R -1 lot. Staff has no objections to the proposed roofed structure to encroach to the rear property line in this particular case, since the proposed development will screen unsightly trash from the adjoining residential property which is under the same ownership. Access to Proposed Service Yard and Trash Area The original plans of the proposed development provided inadequate maneuverability for delivery and trash trucks into the service area at the rear of the site. The applicant therefore hired Herman Kimmel and Associates, traffic engineering consultants, to conduct an analysis of truck turning capabilities in conjunction with the proposed service entrance on Poppy Avenue. The attached drawings of the traffic engineering consultants relating to the truck turn traffic analysis are acceptable to the City Traffic Engineer. The applicant's plans were subsequently modified to accommodate the dimensions of the turn paths shown on the attached exhibits and the recommendation contained in Mr. Kimmel's letter to William K. Hutchason dated November 19, 1976 (see attached letter). Offstreet Parking Requirements The existing restaurant facility has an occupant load of 152 persons, according to the Fire Department. Fifty -one (51) offstreet parking spaces would have been required for the restaurant use if the restaurant had been constructed between 1969 and 1975 when the Ordinance required one parking space for each 3 occupants. One hundred and twenty (120) parking spaces would be required if the restaurant use were built under present restaurant parking standards of one parking space for each 40 square feet of "net public area" (4,800 sq. ft. ±, including a 348 sq. ft. ± outdoor patio). The parking standards could also vary under current parking requirements from 96 spaces (i.e. one parking space for each 50 square feet of "net public area ") to 160 parking spaces (i.e. one parking space for each 30 sq. ft. of "net public area "). Existinq Offsite Parking Lot The property on the southwesterly corner of East Coast Highway and Poppy Avenue is under the same ownership as the restaurant site, and has been utilized as an offsite parking lot for many years. The attached plot plan indicates that the subject valet parking lot has an area for 87 parked automobiles. No formal offsite parking agreement exists between the property owner and the City regarding the offsite parking lot. Staff therefore suggests that an offsite parking agreement be required in conjunction with the proposed develop- ment to guarantee that the parking spaces will be maintained for the duration of the restaurant use on the adjoining property. In addition to the spaces noted above, the applicant has been using 20 spaces behind the commercial development at the northeast corner of East Coast Highway and Poppy Avenue on an informal basis. Waiver of Parking Requirements A waiver of the remaining 33 required parking spaces (i.e. 120 spaces - 87 spaces = 33 spaces) is being requested by the applicant in conjunction with the proposed expansion of the Five Crowns Restaurant complex. Staff is of the opinion that the applicant's request is justifiable in this particular case, since no additional seats or "net public area" are proposed. cific Findings and Recommendation Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or build- ing applied for will not, under the circumstances of the particular Item No. 10 • 1 .i T0: Planning Commission - 4. case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighbor- hood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Staff recommends approval of Use Permit No. 1822 and suggests that the Planning Commission make the following findings in conjunction with the applicant's request: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The existing work, washout, and storage areas are inadequate for the needs of the restaurant facility. The proposed development will greatly improve the restaurant operations, including the access of delivery and trash trucks to and from the site. 5. A waiver of a portion of the required offstreet parking spaces is justifiable, since no additional seats or "net public area" are proposed in the restaurant complex. 6. The existing offstreet parking spaces for the restaurant use on a separate lot from the building site are justifiable for the following reasons: a. The subject parking lot is directly across Poppy Avenue from the restaurant site. b. The existing development does not create undue traffic hazards in the surrounding area. c. The site is owned by the property owner of the restaurant property and will be maintained as an offstreet parking lot for the duration of the restaurant use on the adjoining property. 7. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 8. The approval of Use Permit No. 1822 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. Approval of Use Permit No. 1822 is recommended, subject to the follow- ing conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets.; Item No. 10 TO: Planning Commission - 5. 3. That an offsite parking agreement shall be approved by the City Council, guaranteeing that a minimum of 87 parking spaces shall be maintained at the southwesterly corner of East Coast Highway and Poppy Avenue for the duration of the restaurant use on the adjoining property. 4. That valet parking personnel shall be maintained on the off - site parking lot at all times during the hours of operation of the restaurant facility. 5. That a washout area for trash containers shall be provided in such a manner as to allow direct drainage into the sewer system and not into the storm drains. 6. That there shall be no increase in the "net public area" of the restaurant facility in conjunction with the proposed development. 7. That a parcel map be filed. (Note: The Planning Commission approved Resubdivision No. 523 for this facility on June 17, 1976, but a parcel map has not been filed to date.) 8. That all improvements be constructed as required by Ordinance and the Public Works Department. 9. That no building permits be issued for structures within the abandoned alley area until vacation and abandonment proceedings can be completed for all or a portion of the public utility easement which was reserved when the alley was vacated and abandoned. 10. That the portion of the existing driveway approach not being used be closed up. 11. That the new driveway approach be constructed as shown on the site plan. 12. That all work in the public right -of -way be done under an encroachment permit obtained from the Public Works Depart- ment. 13. That the "heaved" sidewalk along East Coast Highway and Poppy Avenue be replaced. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR tt —dl i T i am R. LaycockiV Senior Planner WRL /sh Attachments: Vicinity Map Excerpt of Planning Commission Minutes dated 6/17/76 Letters from the applicant (2) Information from Herman Kimmel and Associates dated 11/19/76 (3 pages) Plot Plan, Floor Plans, Elevations Item No. 10 01 S11 W4,P NO. Ir "I M, . .. P e1 V 0 6 IRV Ff•SITI 07 oej hm- SuwstT STAURANT 5.0 'Wry r 0 TV -Seto b. 0 IS 11 �lv DISTRICTING MAP NEWPORT BEACH CALIFORNIA AGRICULTIJOIAL *CNI)ENVIAL MULTIPLE AESWEMTAL LIGHT COMMERCIAL RSA GWRG.E FAMILY REW IS 4-41 DUPLEX RE EXEM �L FEET mumil NMTIRX "SLY Al. 111-1 NUINUFACTIVIING MD, NO, elf 6SP, cmswmo DISTRICTS v 0 m M. 11. MAP go, Fron Ywd aL&Lt_fm F.t Shown Th., :-10- USE PERMIT NO. 1822 COMMISSIONERS T m A m a 1 < (1 P z N gnu rw.. O .1 lino f CITY OF NEWPORT BEACH 17 107E MINUTES -- - - I i_ - INDEX lotion .yes X X X X X X Motion was made that Planning Commission approve uest for the flag pole, subject to the 'bsent X following ions: 1. That development be in su al conformance with the plans as submitted. Item #2 Request to establish one building site and elimi- RESUB- nate interior lot lines where three lots and an abandoned alley now exist so as to permit the DIVISION NO. 523 construction of additional storage and kitchen space for the Five Crowns Restaurant. APPROVED CUR - Location: Lots 1, 2, and 3, Block A of Tract TPORTEL Y 673, located at 3801 East Coast Highway on the southeast corner of East Coast Highway and Poppy Street in Corona del Mar. Zone: C -1- and C -1 -H Applicant: George R. Stephenson, Santa Ana Owner: Van -Frank Investments, Inc., Los Angeles Copies of two letters were distributed to the Commission which were received subsequent to the staff report. Community Development Director Hogan advised that although there were no problems with the resub- division and approval was recommended by the staff, there were concerns in connection with the pro- posed redevelopment and interpretation of the Code relative to offstreet parking. He reviewed the proposed redevelopment and advised that due to the I fact that the building was being expanded in excess of 10 %, the Planning Commission should i determine and instruct the applicant as to which of the following would be the determining factor or procedure to follow in connection with required parking: 1. A determination be made by the Commission that the gross area of the building was that area being used for dining purposes only and con- sequently the parking would not be affected. Page 2, COMMISSIONERS L CITY OF NEWPORT BEACH June 17. 1976 MINUTES ..1 ncv 2. That the restaurant should meet its entire needs for parking based on the range of 1 spat per 30 square feet to 1 space per 50 square feet of net public area as required by the I O L CITY OF NEWPORT BEACH June 17. 1976 MINUTES ..1 ncv 2. That the restaurant should meet its entire needs for parking based on the range of 1 spat per 30 square feet to 1 space per 50 square feet of net public area as required by the current restaurant parking standards. 3. That the applicant file for a use permit and request a waiver of any additional parking which may be required based on the fact that there would be no enlargement of the dining area. Public hearing was opened in connection with this matter. George R. Stephenson, 1326 South Martin Street, Santa Ana, Land Surveyor, appeared before the Commission on behalf of the owner and concurred with the staff report and recommendations. He advised that the proposed remodeling would be to the kitchen and office space only and that the dining area would not be increased. Roger Morin, 327 Poppy, appeared before the Commission voicing concern and questioning the matter of parking since employees park along the residential streets and do not use the parking lot; how and when the alley was abandoned; how the cottage fits in with the proposed remodeling and the provision for delivery trucks to unload without blocking the streets; and proposed a site inspection with the Commission in order to point out the problems being encountered by the residents. Community Development Director Hogan advised that the resubdivision request was not related to the parking problem. However, in response to Mr. Morin's questions, he advised that the new parking stand- ards for restaurants was designed to meet the entire needs of a restaurant which included both employee and patron parking. City Engineer Nolan commented on the abandonment of the alley which took place many years ago; the reason for the abandment was not clear. However, the procedure would have required a public hearing by the City Council and upon reviewing the evidence, made the determination, by Resolution, to abandon the alley. Staff also advised that the cottage and the property on which it is located was not a part of this Page 3. 0 COMMISSIONERS f ( t CITY OF NEWPORT BEACH m a m m < a p MINUTES x N :101.1. CALL oz June 17, 1976 INOtx resubdivision nor a part of the proposed remodel- ing. At this point, staff thoroughly reviewed the plans which were submitted in connection with the pro- f posed remodeling and it was pointed out that the square footage would be increased by approximately 35 %. The service and delivery area was also reviewed as to location and functionability. Mr. Morin appeared before the Commission and voiced concern with the proposed arrangement for deliver- ies as he doubted the adequacy and usability of the proposed area and felt that existing problems would be compounded, especially as to noise and vehicles blocking the street. Planning Commission discussed parking requirements, loading zone requirements, and noise regulations. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the possibility of a continuance in order to ascertain whether or not the intensity would be increased thereby requiring additional parking. Staff pointed out that the resubdivision request was not the proper tool to obtain the information requested and the best way to deal with the questions raised was to make the determination that the enlargement of the building would be greater than 10% and therefore the entire remodeling must be reviewed by the Planning Commis- sion through the use permit procedure and the parking be made to conform with the requirements of the present ordinance and could no longer remain in a nonconforming state; or that the property owner apply for a use permit under which a waiver of the parking requirements could be requested. Planning Commission discussed the findings and were assured that those recommended in the staff report pertained to the land only as required by the Subdivision Map Act and had nothing to do with the proposed building improvements. Assistant City Attorney Coffin advised that he would prepare a written opinion in this regard for the benefit of clarification. Planning Commission also determined that since the proposed improvements consisted of more than 10% of the existing building area, a use permit would Page 4. ,:OMMISSIONERS w x m 4 x 1 < p p 0 # 0 CITY OF NEWPORT BEACH MINUTES ...• �.,+ar �. ,. una 11, 1 � i u INDEX have to be approved prior to the issuance of any building permits. Motion X Motion was made that Planning Commission make the Ayes X X X X X following findings: Absent X i I ' 1. That the proposed map is consistent with appli- cable general and specific plans. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements will not cause substan- tial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 7. 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. 8. That the discharge of waste from the proposed j subdivision will not result in or add to any violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the Water Code. and approve Resubdivision No. 523, subject to the following conditions: 1. That a parcel map be filed. 2. That no building permits be issued for struc- tures within the abandoned alley area until (a) the new 18" water main being constructed by the City is in operation, and the existing 6" water line located in the public utility Page 5. .:OMMISSIONERS r m x m r2 < m m < n p T x N 10LL rALI 2 f Is i CITY OF NEWPORT BEACH Juno 17. 1876 MINUTES f.. INDEY easement can be eliminated from the system, and (b) vacation and abandonment proceedings can be completed for all or a portion of the public jl utility easement which was reserved when the alley was vacated and abandoned. ' Item #3 Request to permit the installation of a 344 square SIGN foot "Bullock's Wilshire" wall sign where Chapter EXCEPTIO PERMIT N 15.16 of the Newport Beach Municipal Code would allow 200 square feet. Location: Lot 1 of Tract 6015, located at APPROVED CONDI- 83 Fashion Island in Newport Center. TIONALL one: C -O -H A licant: Welton Becket Associates, Los Angele Owner: The Irvine Company, Newport Beach Public hea ing was opened in connection with this matter. Gene Jung, Haci da Heights, appeared before the Commission on be if of Welton Becket Associates, The Irvine Company, and Bullock's Wilshire. He concurred with the s ff report and answered questions of the Commi ion relative to illumina- tion of the sign. I There being no others desir g to appear and be (iii heard, the public hearing was losed. lotion I X Motion was made that Planning Co fission approve Ayes Absent X X � X X X X Sign Exception Permit No. 7 and ma the following (findings in connection therewith: 1. That the granting of this permit is ecessary to protect a substantial property righ and will not be contrary to the purpose of apter 15.16 of the Newport Beach Municipal Code\ i, I2. That the granting of this permit will not be materially detrimental to the health, safety, comfort, or general welfare of persons residing in the neighborhood, or detrimental or injuri- ous to property or improvements in the neigh- borhood, or to the general welfare of the City. Page 6. 9 LAWRYS ASSOCIATED RESTAURANTS February 4, 1977 City of Newport Beach Department of Community Development 3300 Newport Boulevard Newport Beach, California • t ONO .. i ;rmQ IN SOUTHERN CAIIIUHNIA LAWRY'S THE PRIME RIB STEAR'S FOR STEAKS MEDITERRANIA THE GREAT SCOT FIVE CROWNS CASEY'S IN NOHIHf HN CAIILOHNIA THE BEN JONSON Re: Five Crowns - 3801 East Coast Highway, Corona del Mar, California Gentlemen: The Five Crowns restaurant has been in operation on this site since 1965 and intends to continue to do so for years to come. This venture has been successful, and we would want this success to remain so. Undoubtedly, our ability to prepare and serve fine food at this restaurant was a factor in achieving this success which is now threatened by inadequate and tired facilities. Currently, our kitchen, storage and supply areas are under abnormal pressure to accommodate the needs of our customers. It is our plan to add to, as well as remodel, these areas, install more modem fixtures, facilities and equipment, enlarge storage and work areas, and enclose the rubbish area. All of the work will be at the back of the house. We are not planning any dining room remodeling, and we are not adding to our seating capacity. We ask for your thoughtful consideration of our request for the issuance of a Use Permit which will allow us to proceed with our planning. Sin ly, Arthur Wynne Senior Vice President Five Crowns 568 SAN FERNANDO ROAD . LOS ANGELES, CALIFORNIA 90065 • (213) 225 -2491 0 LAWRY$ ASSOCIATED RESTAURANTS February 7r 1977 MT. William Laycock City of Newport Beach Department of Community Development 3300 Newport Boulevard Newport Beach, California IN SOUTHERN CALIFORNIA LAWRY'S THE PRIME RIB STEAR'S FOR STEAKS MEDITERRANIA THE GREAT SCOT FIVE CROWNS CASEY'S IN Nr.f 1111 IIN 1 r11 II �II(Nlrl THE BEN JONSON Re: Five Crowns - 3801 East Coast Highway, Corona del Mar, California Dear Mr. Laycock: As an a'idendurn to the letter which I left with you last Friday relative to the Application for Use Permit, please be advised of the following: 1 . The restaurant serves dinner seven nights a week, with food service starting at 5:00 p.m, and closing at 11:00 p.m, during the week, and closing at 12:00 a.m. on Fridays and Saturdays. 2. Cocktails are served until 1:00 a.m, during the week and until 2:00 a.m. on Fridays and Saturdays. 3. Brunch is served on Sundays only from 10:30 a.m, until 3:00 p.m. 4. At the height of the evening (around 7 :30 or 8:00 p.m, on an average day) we will have on staff twenty -seven people. Hopefully, this information completes your requirements so that the Application can be processed as soon as possible. Sincerely, Arthur Wynne Senior Vice President b -� E F.�' ' oY cN• I 56S SAN FERNANDO ROAD . LOS ANGELES. CALIFORNIA 90065 . (213) 225 -2491 __'j • • r ;� / TRAFFIC ENGINEEf� 'G ^(�/��,�I CONSULTANTS VC, nm PRINCIPALS: 4242 CAMPUS DRIVE, SUITE E-6 NEWPORT BEACH. CALIF. 92660 HLRIMAN KIM.'AEL H. v7I LLIANI DICKSON November 19, 1976 Willis K. Hutchason Architect &. Associates 5333 Fountain Avenue Los An .-eles, California 90029 Traffic Analysis (Truck Turns) Five Crowns Restaurant Newport Beach, California Gentlemen: (714) 54,69E;14 �U UUNOV 2 31976 WILL131 1K. HUM:j ^;r, AROF" "ITECf A;@ ASSOOIATES Pursuant to your commission, we have conducted an analysis of truck turning capability with regard to modifications of the service entrance to Five Crowns Restaurant. The attached exhibit shows possible moves of a truck entering the proposed service drive at the rear of the restaurant off Poppy Street-. A truck turn template used to determine these paths provides turning radii for a 35 foot long truck. This 35 foot truck would show a worse condition that a bob -tail 35 foot semi- tractor /trailer combination. Based on these examples, and considering the greater flexibility of the articulated unit, it is our opinion that no major problems will be experienced. Some slight modification to the parking facility and service entrance access would assure greater ease of access, as can be seen in the exhibit. It is our conclusion that a 35' 6" tractor - trailer unit would have no problem in making deliveries without encroachment into the residential area southerly of the restaurant, if modifications shown are accomplished. Therefore, it is reconmiended that the parking lot access and service entrance be modified to accommodate turn paths shown. This would assure that most commonly used delivery trucks could utilize the service area. A meeting was held with Mr. Darnell, Newport Beach Traffic Engineer. He indicated that the plan would be acceptable to him if modifications are made as shown. If you should have any questions or desire further information, please contact us. Sincerely yours, HERMAN KIMMEL & ASSOC., INC. H. William Dickson, P. E. Traffic Engineer. P,4C/T /C ALLc "Y coAST r- l� i 1 'f t t Curb ,c¢fUrO LOCaf /Or! I 6o°Arg /x or Ri. Anq/a t 4— R Q \y R d i ,Iro .y / J ' moc1 Approx. D�in:nsicv�s shxu� OK111i317- i C ir. ✓rre rr..�,r�e•r -w � / /�E C /!� J %�Jn k._`�.0 / /,)j�. -:i✓ �r VCM -m::1 s-r•tl A;+- aCe{..t�u, {nc. ` �UC.0 7U. -,oinq n- ?C�i;/ =i f, pppp ORA`iN T. K. DATE 3 -t -51) TRUCK TuM,�,�;c nr,D�us - --, - -; CHEMED ,l r'= 35' LONG TRASH ►RUCK SCALE ! = 20 4' Aapa., � R�vtseo r -rr f'II(�t;i( >'MRH ^ -TR•t ^PIS C�ilili ilii ��1 f nv�.�on. S Tn. 4 1 i S COMMISSIONERS 90 y oo Tp z� 2G aF City of Newport Beach MINUTES March 3, 1977 ROLL CALL Request to remodel and enlarge the existing kitchen, storage and supply areas of the Five Crowns Restaurant facility in the C -1 District. The proposed development also includes the construction of a roofed trash enclosure that encroaches to the rear property line (where the Ordinance requires a 5 foot rear yard setback when the rear of a C -1 lot abuts on a Residentia District). Location: Lots 1, 2, and 3, Block A of Tract 673, located at 3801 East Coast Highway on the southeast corner of East Coast Highway and Poppy Stree in Corona del Mar. Zone: C -1 and C -1 -H Applicant: The Five Crowns Restaurant, Newport Beach Owner: Van -Frank Investments, Inc., Los Angeles Staff advised that any motion to approve this use permit should also include a waiver of what• ever number of parking spaces the Commission so desired to waive. Public hearing was opened in connection with th- matter. Arthur Wynne, officer of the Five Crowns Restau� rant, appeared before the Commission and concurs with the staff report and recommended condition! With respect to the problem of parking in fron o. the "cottage" which has occured in the past, he advised that the valets have been instructed not to use this area in the future. Commissioner Hummel voiced concern with the wid of the driveway leading into the garages on the adjacent property and questioned the possibilit; of requiring a reduction in the width in order eliminate access to the side of said garages. I Wynne advised that the property referred to was not : -nder their control, however, he would cont the parent company to see what could be done. Page 20. 1 t s ,ec a111 F :o ir. Ici INO<X Ply 901Ii COMMISSIONERS A. S Ohs p C OZ City of Newport Beach March 3, 1977 ROLL CALL Herbert Citron, President of Valet Parking Services, Inc., appeared before the Commission and advised of their instructions to the parking attendants for the Five Crowns Restaurant in ord to eliminate parking problems which have existed in the past. Roger Morin, 327 Poppy, appeared before the Commission in favor of the request and advised that the major concerns of the adjacent resident which were expressed at past public hearings ha% been met by Five Crowns and that the proposed remodeling would be an asset to the neighborhooc There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make tt following findings: 1. That the proposed use is consistent with thf Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that thf do not contemplate any problems. 4. The existing work, washout, and storage are< are inadequate for the needs of the restaur: facility. The proposed development will greatly improve the restaurant operations, including the access of delivery and trash trucks to and from the site. 5. A waiver of a portion of the required off - street parking spaces in justifiable, since additional seats or "net public area" are proposed in the restaurant complex. 6. The existing offstreet parking spaces for tl restaurant use on a separate lot from the building site are justifiable for the folloi ing reasons: a. The subject parking lot is directly across Poppy Avenue from the restaurant site. Page 21. MINUTES er ,y Is In n ie d- INOEX COMMISSIONERS City of Newport Beach MIN' INUTES P � March 3. 1977 POLL CALL b. The existing development does not create undue traffic hazards in the surrounding area. c. The site is owned by the property owner the restaurant property and will be maintained as an offstreet parking lot for the duration of the restaurant use on the adjoining property. 7. That the establishment, maintenance or opera tion of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the healt safety, peace, comfort and general welfare c persons residing or working in the neighbor- hood of such proposed use or be detrimental or injurious to property and improvements it the neighborhood or the general welfare of the City and further that the proposed modii cation is consistent with the legislative intent of Title 20 of this Code. 8. The approval of Use Permit No. 1822 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 neighbor hood or be detrimental or injurious to property and improvements in the neighborhoc or the general welfare of the City. and approve Use Permit No. 1822, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That all mechanical equipment and trash are+ shall be screened from adjoining properties and from adjoining streets. 3. That an offsite parking agreement shall be approved by-the City Council, guaranteeing that a minimum of 87 parking spaces shall b maintained at the southwesterly corner of East Coast Highway and Poppy Avenue for the duration of the restaurant use on the adjoining property and that the remaining requirement of 33 spaces be waived. Page 22. of h, f id Is INOEX COMMISSIONERS A. 3 S� t . 9 City of �i Newport Beach March 3, 1977 ROLL GALL 4. That valet parking personnel shall be maintained on the offsite parking lot at all times during the hours of operation of the restaurant facility. 5. That a washout area for trash containers shall be provided in such a manner as to all direct drainage into the sewer system and n into the storm drains. 6. That there shall be no increase in the "net public area" of the restaurant facility in conjunction with the proposed development. 7. That a parcel map be filed. 8. That all improvements be constructed as required by Ordinance and the Public Works Department. 9. That no building permits be issued for structures within the abandoned alley area until vacation and abandonment proceedings can be completed for all or a portion of the public utility easement which was reserved when the alley was vacated and abandoned. 10. That the portion of the existing driveway approach not being used be closed up. 11. That the new driveway approach be construct as shown on the site plan. 12. That all work in the public right -of -way be done under an encroachment permit obtained from the Public Works Department. 13. That the "heaved" sidewalk along East Coast Highway and Poppy Avenue be replaced. Motion x The Motion was amended to add two conditions; that the employees be encouraged to park in the parking lot, and that the valet service in no w utilize the space in front of the "cottage" for valet parking. In discussing the amendment, Commissioner Humme' commented on required parking for restaurants i general and felt that this restaurant should comply with the requirements and provide parkin Page 23. MINUTES ow of construct( ay A INOUX COMMISSIONERS Cfpy of Newport Belch C °y March 3, 1977 ROLL CALL for their employees off the street in order to eliminate parking problems in the adjacent residential neighborhood. Commissioner Agee felt that additional parking requirements were unfair at this point because the remodeling was to the kitchen and trash area only and because the restaurant was established prior to any parking requirements. Following discussion, the two conditions were acted upon separately, as follows: Ayes X X X X X X 1. That the valet service shall not use the Absent X driveway apron in front of the "cottage ", which adjoins the restaurant site to the south, for restaurant parking. (Amendment carried.) Ayes X 2. That the employees be encouraged to park in Noes X X X X X the designated lots. Absent X (Amendment failed.) Ayes X X X X X X The original ma.tion was then voted on as amender Absent X and carried. Page 24. MINUTES INONX By CITY CIF •' • RESOLUTION NO. O c2 -` A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE FIVE CROWNS RESTAURANT, NEWPORT BEACH L/ WHEREAS, there has been presented to the City Council of the City of Newport Beach an off -site parking agreement between the City of Newport Beach and The Five Crowns Restaurant, Newport Beach; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 14th day of March 1977. Mayor ATTEST: City Clerk DDO /bc 3/11/77 RESOLUTION NO. 9024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE FIVE CROWNS RESTAURANT, NEWPORT BEACH WHEREAS, there has been presented to the City Council of the City of Newport Beach an off -site parking agreement between the City of Newport Beach and The Five Crowns Restaurant, Newport Beach; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 14th day of March , 1977. ATTEST: City Clerk Mayor DDO /bc 3/11/77