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
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USE PERMIT ,NOR 1822
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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
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DISTRICTING MAP
NEWPORT BEACH CALIFORNIA
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USE PERMIT NO. 1822
COMMISSIONERS
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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
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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
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TRUCK TuM,�,�;c nr,D�us - --, - -;
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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
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a111
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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
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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
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COMMISSIONERS
A.
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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