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HomeMy WebLinkAboutPA2001-051r 71 ��EWPORr CITY OF NEOORT BEACH Hearing ,2001 o PLANNING DEPARTMENT Agenda Item: 2 �= 3300 NEWPORT BOULEVARD Staff Person: Robert Kain °4<<FoaN'P (949)644-3231 (949)644-3200;FAX(949)644-3250 Appeal Period: 14 days REPORT TO THE PLANNING COMMISSION PROJECT: Michael Malamut,Vespa California,Inc.(PA2001-051) 2902 W. Coast Highway F PY PURPOSE OF APPLICATION: A request to operate a retail establishment for the sales and minor service of Vespa motor scooters. The minor services include: adjustments, cable changes,and the installation of various accessories. ACTION: Approve,modify or deny: • UP2001-008 LEGAL DESCRIPTION: Assesor's Parcel Number-049-110-19 ZONE: SP-5 (RSC) OWNER: WBII Properties(Wallace Wong-Managing Partner), Dana Point Introduction Vespa California Inc. proposes to operate a vehicle sales and service establishment selling Vespa brand motor scooters and accessories. This project is located at 2902 West Coast Highway, in a vacant retail suite located on a property zoned RSC within the Mariner's Mile Specific Area Plan. The 4,822 sq. ft. suite was previously occupied by a retail establishment known as "Parts Plus Auto Parts & Marine" and prior to that the establishment was known as "United Auto & Marine." The proposed vehicle sales and service use requires the approval of a Use Permit in accordance with Chapters 20.42 and 20.92 of the Municipal Code. 2918 �} C140 h '6 6 .4ee . �oA71 x 0 1�00200 Feet VICINITY AP E s PA2001-051 for UP2001-008'' 1 Subiect Property and Surrounding Land Uses Current Development: Commercial retail(currently vacant) To the north: Commercial retail including a personal fitness center and post office To the east: Commercial retail and restaurants To the south: Commercial retail and restaurants To the west: Commercial retail and auto dealership PA2001-051 for(UP2001-008) May 3,2001 Page 2 Project Description The applicant proposes to utilize 2,808 square feet of the suite for retail sales, 894 square feet for office/storage space, and the remaining 1,120 square feet will be devoted to minor service of the scooters.The proposed services include the installation of accessories such as mirrors,windshields, luggage racks; cable changes, and minor mechanical adjustments. All display and sales of merchandise will be confined within the interior of the suite and limited to the sales area as delineated on the proposed floor plan. The proposed hours of operation are 10am-6pm M-F, 11 am- 5pm Sat., and 11 am-4pm Sunday. Improvements to the exterior of the site are limited to minor cosmetic upgrades to the building including the installation of a new entrance door, three new identification signs,and repainting the building the existing colors. No increase in square footage is proposed. Analysis General Plan/Zoning The RSC District of the Mariner's Mile Specific Plan Area is intended to provide uses that are predominately retail oriented. Within this district vehicle sales and service establishments are permitted with the approval of a Use Permit. While the proposed use does involves the sales and service of motor vehicles, staff feels that it should be considered a retail commercial use due the fact that the business doesn't fit the characteristic of a typical vehicle sales and service use. A vehicle sales and service use typically includes the storage or display of automobiles on the exterior of the property. In this particular case the storage of scooters will be confined to a sales area within the interior of the building. The service function of this use will differ from what is commonly found in vehicle service uses in so far as there will be no service bays or pneumatic lifts utilized. The appearance of the building will not be altered in anyway to accommodate the service function and therefore none of the negative impacts such noise and aesthetic issues will be introduced. The abutting properties to the southeast and southwest are currently developed with retail uses and restaurants, therefore no land use conflicts are anticipated. Staff concludes that the use is consistent with the Land Use Element of the General Plan and the Mariner's Mile Specific Plan. Mariner's Mile Design Framework The previous use had permission through the approval of Modification Permit No. 4802 to display a total of three wall signs on the multiple tenant building where the Zoning Code limits wall signs to one per business. These wall signs were installed on the south elevation of the building along Coast Highway,the east elevation adjacent to the driveway entrance, and on the existing parapet element facing west. The new signs proposed will be 50% smaller and installed in the same location as the previous signs. The signs will be stylized aluminum channel letters in the form of the Vespa Brand logo which staff feels are of better quality and design than those presently on the building. PA2001-051 for(UP2001-008) May 3,2001 Page 3 • w The applicant also intends to install a new entrance door and repaint the existing wood siding and stucco to match the existing colors of the center. The current state of the landscaping is not consistent with the intent of the design framework and staff suggests that the applicant plant a 4- foot Lingustrum j. Texanum (Texas Privet) hedge at the front of the building along Coast Highway. The inclusion of the palm trees required by the design framework cannot be accommodated due to the close proximity of the building to the property line along Coast Highway. Staff feels that with the addition of these improvements,the proposal will be consistent with the intent of the design framework,which is to promote good urban design and project quality. Off-Street Parking The site plan for the proposed project shows 27 parking spaces,of which 10 spaces are located on the adjacent commercial property. These parking spaces are tied to the subject property through an off-site parking agreement that was approved by the city in 1980. The City of Newport Beach requires that vehicle sales and service establishments provide 1 parking space per 4000 sq.ft.of lot area.Using this parking ratio,the 15,000 sq. ft. lot requires 4 spaces for the proposed use. This use differs from typical vehicle sales and service establishments in so far as the display and service of vehicles is within the building.Staff does not believe that 4 spaces are sufficient to support this use due to the number of employees(5) along with the need for customer parking. Staff recommends that 5 spaces be required for employees and 10 spaces be required for customers.Staff believes that 15 spaces are sufficient to support the use due to the nature of the product sold and the fact that a significant portion of the suite is devoted to service uses. These factors reduce the intensity if the use making it dissimilar to a typical retail use. a adjacent personal improvement use is currently parked at 1 space per 250 sq. ft. and requiresparking spaces,therefore total parking spaces are required. laR_ t sc1% Use Classification Required Vespa(Vehicle Sales and Service) Employees 5 Customers 10 Girl's Gym(Personal Improvement Services) 12 2,8o q.ft.@ 1/250 Total Required 27 Total Provided 27 Vehicular Access and On-Site Circulation The site will maintain the existing driveway from Coast Highway to the property and the on-site circulation meets City standards. The City Traffic Engineer has reviewed and approved the proposed layout of the parking, subject to revising the configuration of the handicapped space to meet current requirements. Staff has included conditions of approval requiring the approval of the Traffic Engineer for the final design of the parking lot. The condition of the parking lot shows deferred maintenance,and staff recommends that the parking area be repaired as necessary and a PA2001-051 for(UP2001-008) May 3,2001 Page 4 slurry coat applied. Staff has included a condition of approval requiring the repairs to be performed. Environmental Review This project has been reviewed,and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities.)There is no expansion of use beyond the previous use and the improvements proposed are limited to interior alterations and rehabilitationto the exterior of the existing facility. Recommendation Section 20.91.035 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 building applied for will not,under the circumstances of the particular case,be detrimental to the health,safety,peace,morals,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. Staff believes that the findings for approval of the use permit can be made for the proposed vehicle sales and service facility since the parking requirement of the site will not be intensified as compared to the prior retail use. Additionally,issues related to access and site circulation will not be affected due to the fact that no exterior alteration of the site is occurring with the establishment of this use. Because of the site's location along West Coast Highway and its close proximity to other similar uses, there seems little potential for problems associated with hours of operation. Noise and aesthetic issues are minimal due to the fact that the limited service will be conducted within the building and not be externally visible. Because of these factors,Staff recommends the Planning Commission approve UP2001-008, subject to the findings and conditions of approval set forth in the attached Exhibit No. 1. Although staffs analysis and conclusion supports project approval, if the Planning Commission receives testimony that would support denial of the project, staff can be directed to prepare findings for denial. Submitted by: Prep by: PATRICIA L.-TEMPLE ROB Planning Director Asi PI Exhibits l. Findings and Conditions for Approval 2. Plot Plan,Floor Plan and Elevations PAM-051 for(i3P2 -(=) May 3,WM Page 5 EXHIBIT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO.UP2001-008 FINDINGS. L The proposed development is consistent with the commercial designation of the Land Use Element of the General Plan (and the Local Coastal Program), and is compatible with the surrounding commercial land uses. 2. This project has been reviewed,and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). There is no expansion of use beyond the previous use and the improvements proposed are limited to interior alterations and rehabilitation to the exterior of the existing facility. 3. The approval of UP2001-008 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of the city for the following reasons: • The project consists of ground floor showroom display area, accessory installation areas, and administrative offices associated with the proposed vehicle sales facility within an existing building. • The limited nighttime operation of the proposed use should prevent any adverse impacts on the neighboring residential uses that overlook the project. • Service is limited to and conducted inside the building,therefore no noise or other aesthetic impacts normally associated with vehicle sales and service establishments will be present. • No intensification of the legal non-conforming parking status CONDITIONS: l. Development shall be in substarAW conformance with the approved site plan, floor plan and elevations except as noted in the following conditions. %14cA.J3%:%�� ►6*'A&1; b -iF-44stc4� $ NJA't��- 2. All buildings and structures,including parking,shall be located outside of the 12 foot future street widening area unless an agreement,approved as to form and content by the Office of the City Attorney, is first approved by the Public Works Department and the Planning Director. 3. The project shall be limited to building square footage as specified in the approved plans for 4,822 gross sq.ft. PA2001-051 for(UP2001-008) May 3,2001 Page 6 4. The hours of operation of the facility shall be limited to IOamlh<h M-F, 11am�'' and llam-; un.5 5. The use of pneumatic lifts,air compressors and air wrenches or hammers shall be prohibited in conjunction with this establishment. Additionally, activities associated with vehicle repair and maintenance shall be limited to the application of accessory items and minor adjustments. 6. The operator of the vehicle sales facility shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers,paging system or sound system shall be prohibited.The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: Between the hours of Between the hours of 7:00 a.m.and 10:00 p.m. 10:00 p.m.and 7:00 a.m. interior exterior interior exterior Measured at the property line of Commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of Residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 8. The use of banners,pennants,balloons,wind signs,moving signs, or flashing or animated electrical signs shall be prohibited. 9. Deliveries and trash collection shall be prohibited between the hours of 9:00 p.m. and 8:00 a.m.,daily. 10. Prior to issuance of building permits,the landscape and irrigation plan shall be prepared and include a 30-inch high by j. Texanum (Texas Privet)hedge across the front of the property,in front of the vehicle display area and on the easterly side of the entry drive, except as required to satisfy sight distance requirements or deemed infeasible by Planning and Public Works. 11. Prior to the final of the building permits and issuance of the certificate of occupancy,the applicant shall schedule an inspection by the Code Enforcement Officer to verify completion and installation of the landscaping in accordance with the approved plan. 12. Prior to issuance of Building Permits for the project, the Parking Layout Plan shall be revised to conform with City Standard 805-L-A,805-L-B or other applicable City Standard required by the City Traffic Engineer. The final design of all on-site parking, vehicular circulation and pedestrian circulation systems shall be incorporated into the building set of PA2001-051 for(UP2001-008) LYZE, May 3,2001 Page 7 TL ' �� plans and shall be subject to the approval of the City Traffic Engineer prior to issuance of building permits. 13. A minimum of 27 parking spaces shall be provided on and off-site. The final design of all on-site parking,vehicular circulation and pedestrian circulation systems shall be subject to the approval of the Traffic Engineer. 14. The on-site parking lot shall remain available for employee and patron parking only. The parking or display of vehicles for sale shall be prohibited in the required off-street surface parking spaces.Parking or storage of vehicles associated with this facility shall be restricted to the interior of the subject property. Storage or parking of vehicles associated with the subject property on any neighboring properties shall be prohibited unless the appropriate amendment to this use permit is first approved by the Planing Department. 15. The intersection of the private drive and West Coast Highway shall be designed to provide sight distance for a speed of 40 miles per hour. Slopes,landscape,walls,freestanding signs, and other obstructions shall be considered in the sight distance requirements.Landscaping within the sight line shall not exceed twenty-four inches in height. The applicant shall demonstrate on the plan that vehicles parked in the display area are not within the limited use area as defined in City Standard 110-L.Sight distance requirements may be modified at non-critical location,subject to approval of the City Traffic Engineer. 16. Prior to issuance of the certificate of occupancy,a copy of the final revised as-built plans including revised landscape and irrigation plans shall be submitted to the Planning Department.This set of drawings shall be added to the Use Permit file. 17. Prior to December 1,2001,the parking area for the subject property be patched and repaired as necessary and a slurry coat shall be applied to the entire parking lot in a manner consistent with Public Works Department requirements. Standard City Requirements: 1. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. Signs associated with the proposed facility shall require a separate building permit and shall be submitted for review by a consultant retained by the City to review such submittals. The conceptual plans should be submitted for review and approval prior to submittal of working drawings to the Building Department for building permits for the signs. 2. The project shall comply with State Disabled Access requirements, including handicap parking requirements. 3. The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Building Department. PA2001-051 for(UP2001-008) May 3,2001 Page 8 4. The Planning Director or the Planning Commission may add to or modify conditions to this approval,or revoke this approval upon a finding of failure to comply with the conditions set forth in this approval,the Municipal Code or other applicable conditions and regulations governing the establishment. Further, that if the operation which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 5. This approval shall expire unless exercised within 24 months from the end of the appeal period,in accordance with Section 20.91.050 of the Newport Beach Municipal Code. PA2001-051 for(UP2001-008) May 3,2001 Page 9 N' ----t ' PACIFIC COAST HIGHWAY i p 13 4 •iS1E �, `� � ��k���. '" I i -,__ neT,�oMM$NO � I I " � 4 A , SALES AREA �F�*��E�or=s„E � �e I ' ,{��' �+by��d p b '^e �_�..� �Pa�VE�N[F�EA pM'hA,�OM11E! I- —•....—... 1 I // ,tea A• I LL i MEZZANINE FLOOR PLAN ebga I I I¢ WW ^TN LA.l66EK,, ee•M,ryb"•,•.p VFSPA K f I 2902 W.Pacific C-1 ' H ewighway _ pon Beach,Ca j � Richard Gemigniani MEZZANINE FLOOR PLAN I ArchifecE 357 S.F. dgl a�a s�.m ne�eaunm S EFOOTAGE UMMARY i ' I � IIIWWW - .nFA 6owaEFEE! 1 .. ( BALEb AMG ale AF f ' Q 6AtE6 FA ,Ae068F I E fl i , eu blp4®F i II 6, .,e',l,b T.M?s. i OHILFAM61 96I8.f SITE PLAWFLOOR PLAN PLAN al A-1 .E. b x.w m•. •.a F a .0 � y^',•,.,�,�s.q`�` � A s*�»�'3� r A" t�rSF yr"e�'� n rx' rr'r h n �R r tW r' , LE E SI ' E VATIONt eo.�.tA�. r i•: ;.p alenoa to vn i—_s ue--e—•+_ �.�.�...:..e,..w.: p, i •.,moo...,,..>..«.�. - - r�uaner sat Afdn for VESPA FS /- rr� ®6� 2902 W.Pacific Coast Highway . i..• .�� � Newport Beach,Ca C 1 SID ELEVATION �, M to t•.p• Richard . Gemigniani --..,. Architect ., .� •. M r - i a...�wa Biro � ��� i �IiJb.15194 k1�. 'r;er �6 r 'k` -� 7 �,� rig""•" r c k ---------------- r r yk t : 4 a 4 ST EET ELEVATION �^ .y,N�di 'ty�ml�',T,'�7��'��a��� d�"�r>��,�y N�Y3�•� Y'� i�—�ta'd �j��^,yty,�: ELEVATONS -. to Alk ��EWPoR, CITY OF NERORT BEACH Hearing e: April 19, 2001 o a PLANNING DEPARTMENT Agenda Item No.: 3 �s 3300 NEWPORT BOULEVARD Staff Person: Robert Kain ,+ (949) 644-3231 (949)644-3200;FAX(949)644-3250 Appeal Period: 14 days REPORT TO THE PLANNING COMMISSION PROJECT: Michael Malamut,Vespa California,Inc. 2902 W. Coast Highway PURPOSE OF APPLICATION: A request to operate a retail establishment for the sales and minor service of Vespa motor scooters. The minor services include; adjustments, cable changes, and the installation of various accessories. Vespa will keep less than 5 gallons of gas on site for test-drives of motor scooters. ACTION: Approve,modify or deny: PA2001-051 for • UP2001-008 LEGAL DESCRIPTION: 049-110-19 ZONE: SP-5(RSC) OWNER: WBII Properties (Wallace Wong- Managing Partner), Dana Point REQUEST OF STAFF Staff is requesting to continue this item to the meeting of May 3, 2001 pending submittal of additional information from the applicant. The site plan submitted by the applicant is incorrect and was not discovered until after this item was noticed. Submitted by: Prepared b PATRICIA L. TEMPLE Robert Kai Planning Director Assis t PJann CITY OF NEWPORT BEACH Application: Use Permit No. �O �00* o� 4 COMMUNITY AND ECONOMIC DEVELOPMENT ❑ Planning Directo 's jg PLANNING DEPARTMENT Use Permit NO. C9���aNP 3300 NEWPORT BOULEVARD ❑ G.P.A./Amendment No. NEWPORT BEACH,CA 92658 ❑ Variance No. (949)644-3200;FAX(949)644-3250 ❑ PART I: Cover Page Project Common Name(if applicable): t'i4 r- Ax- FEES: APPLICANT(Print): CONTACT PERSON(if'different): A44;IVA f-4 Mailing Address: 3 Mailing Address: YT 4. �''i 8c�5 205• �Co•� Phone: (6��) f-�u..��� Fax( e/e)$ Phone: (91e) 3 •Property Owner(if different from above): Mailing Address: 2�'�8 G� P��-i-- .a• „z ` 23-0 too. W6 cwwavp z 2 S .SSE Phone: (9ir9 9t 2 y 8• O v9 a XiF PROJECT ADDRESS: co4--f 7- Awl, Ne�✓�°� �3�� Project Description(If applying for a variance, also complete attached form for required findings.): /N//n/o/L / C-72 v cGc-7 /NG G uD t il'� �Ji-3inb!tee` G Ef IA'J 7;4�/A/G �Ge®1 T e�/t i.�� f GGff ?1 /�-J�2/�f�.G,�,u/i ff/�"2-✓J.!�GUri��Yo� '�=?A G7Z /.v i' G, 1-1 PROPERTY OWNER'S AFFIDAVIT fGoer��x-� r `¢� (I)(We} �rJ� ��'P¢�e.T►Es depose and say that(I am)(we are)the owner(s)of the property(ies)involved in this application. (I)(We)further certify,under penalty of perjury,that the foregoing statements and answers herein contained aiM information herewith submitted are in all respects true and correct to the best of(my)(our) knowledge and belief. MAR 16 2001 Signature(s) CITY OF NEWPORT BEACI NOTE:An agent may sign for the owner if written authorization from the record owner is filed with the application. DO NOT COMPLETE APPLICATION BELOW THIS LINE FOR PLANNING DEPARTMENT USE ONLY: Indicate Previous Modifications,Use Permits, Specialty Food Service Permits,etc. General Plan Designation: Zoning District: R sC Coastal Zoneo or NO Date Filed. Fee Pd. q,7ul Receipt No: Date Deemed Complete: Hearing Date: Posting Date: Mailing Dater Planning Director Action Date Appeal P.C. Hearing, P.C. Action Date Appeal C.C. Hearing C.C. Action F\USERS\PLN\SHARED\I FORMS\USE-APP.DOC t 4 PART II: Project Data:!.Let Project Common Name: Application Number(s): Project Address/Location: Assessors Parcel Number(s): 24102 4V . PG,hV• '4P . 0y9 - 11XV - g Legal Description(Attach on separate sheet,if necessary): Existing Land Use: Proposed Land Use: Zoning District: �f� � �f47<-� Land Use Designation: Existing Proposed Development Zoning Code Development Requirement Lot Area(sf) k/-r I., C. Lot Width(ft) Lot Depth(ft) Setback Yards Front(ft) Side(ft) Side(ft) Rear(ft) Gar c .GxmsJs Floor Area(sf) Floor Area Ratio Building Coverage(%) Building Height(ft) Landscaping Paving(%) N/A Parking /3 13 Number of Employees J S— Hours of Operation Number of seats Dwelling Units 3 PART III: Plans Each application shall be accompanied by 20 sets of plot plans, floor plans, and elevations; 8 sets shall be drawn to scale on 24 inch by 36 inch sheets with margins not less than 1/2 inch and 12 sets shall reduced to 11 inches by 17 inches. The required number of plans to be submitted for a Planning Director's Use Permit application is 12 sets; 4 sets drawn to scale and 8 sets reduced. All plans shall be collated, stapled and folded to a size of 8%"by 14", maximum. The Planning Director may modify or waive submission requirements if deemed unnecessary to support the application. A. Plot Plan Plot plans shall be fully dimensioned and show the following information on the subject property and to a minimum of 20 feet on contiguous properties: • Vicinity Map. • North arrow. • Scale of the plan. • Existing and proposed property lines • Required and proposed yard setback lines. • Locations, names, dimensions, and descriptions of all existing and proposed right of way lines, dedications and easements. • Locations of existing and proposed structures, additions, utilities, driveways, walks, and open spaces. • Any structures to be relocated, removed or demolished. • Locations, heights, and materials of existing and proposed walls and fences. • Locations, dimensions and descriptions of parking areas. • Location, heights, size and materials of signs. • Existing and proposed grade elevations and any significant natural features. • An Information block containing the name and telephone number of the contact person and calculations in tabular form showing compliance with applicable property development regulations (i.e., density, floor area limits,height,parking, etc.) 4 Varin, Ginger From: Varin, Ginger Sent: Thursday, August 21, 2003 4:30 PM To: Berger, George; Trimble, Daniel; Sinasek, Jim Cc: Campbell, James; Temple, Patty Subject: Vespa Importance: High Gents, the City has been served a subpoena for all records pertaining to the Vespa on Coast Highway. Would you please give me any documents or files that you have relative to it and I will gather them with the main file and send them all out to be duplicated. This will be done by a bonded blue print company... I have to have this ready to be delivered by September 4th....thanks, ginger I ' • RECEIVED BY � PLANNING DEPARTMENT � ' CITY QF KIFVVP()RT B %EAH R 4,& 31672 S.Coast Hwy.,Suite A AM P Laguna seah,CA 926.51 7 10111218 S 4 S 6 (sas)asaasoo•nm(sas)4ss.8ss3 i8 9 t l i t i t i l l l June 10,2002 Mr.Todd Weber Associate Planner City of Newport Beach P.O.Box 1768 Newport Beach,CA 92659-1768 RE: 2902 W.Coast Hwy.Newport Beach,CA Dear Mr.Weber. This letter is to inform you that any future correspondences pertaining to the above referenced property should be sent to our new address at: WB II Properties C/o.Bayside Properties 31672 S. Coast Hwy. Suite A Laguna Beach,CA 92651 (949)499-8500(VI) (949)499-8553 (Fax) Please take a moment and update your records to reflect our new address and phonelfax numbers. Thank you. Sincerely, Bradley Wong CEO Sinasek, Jim From: Campbell, James Sent: Wednesday, April 10, 2002 4:21 PM To: Sinasek, Jim Subject: Vespa Jim, The signs were the subject of an exhibit and a specific condition of approval applied by the Planning Commission. They are clearly in nonconpliance. Can you take the necessary steps to gain compliance? I'll send over the file and pictures. James Campbell Senior Planner City of Newport Beach Voice - (949) 644-3210 Fax- (949) 644-3229 i I APR.23.2001 10:35AN 8885890 000 N0.338 P.2 April 16, 2001 City of Newport Beach Planning Department RE: Offsite Parking Agreement To Whom It May Concern: _ This letter shall serve as confirmation that the Offsite Parking Agreement referenced in the Planning Department's letter to the Planning Commission dated January 18, 1980 is valid and continues to remain in effect. The Offsite Parking Agreement is are agreement between WB 11 Properties and Riverpointe Properties, Ltd. and was created upon the conversion of the rear portion of the subject property, located at 2902 West Coast Highway, to retail space. Due to the parking ratio requirement for retail space, the Offsite Parking Agreement allows for reciprocal access and parking easements encompassing four parcels, three of which comprise the"Mariner's Center," and the subject site located at 2902 West Coast Highway'(Building'No. 4). The Offsite Parking Agreement allows the subject property to share an additional 10 parking spaces. If you have any questions, please call Wallace Wong at (949) 248-8090. Thank you. S ncerel , Wallac Wong WB U Properties David R. Bryant For John P. Hooten Riverpointe Properties, Ltd. CITY OF NEWPORT BEACH PLANT'NG DEPARTMENT PROJECT REVIEW REQUEST Date:Mardi'5,2001 Staff Planner: Robert Kain,644-3231 X PUBLIC WORKS DEPARTMENT/ X PLANS ATTACHED(PLEASE RETURN) FIC ENGINE,,: _ FIRE DEPARTMENT _PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT _ COMMUNITY SERVICES POLICE DEPARTMENTNICE&INTELLIGENCE MARINE SAFETY _ REVENUE ECONOMIC DEVELOPMENT(Commercial Development Only) APPLICATIONOF: Michael Malamut, CONTACT: Richard Gemigniam,Arch. Vespa California,Inc. (818)385-1516 FOR: UP2001-008(PA2001-051) DESCRIPTION: A request to operate a retail establishment for the sales and minor service of Vespa motor scooters. The minor services include; adjustments, cable changes,and the installation of various accessories. Vespa will keep less than 5 gallons of gas on site for test-drives of motor scooters. LOCATION: 2902 W.Coast Highway REPORT REQUESTED BY: April 4, 2001 COMMISSION REVIEW(Tentative): April 19,2001 Che k all that a l No comments on the project as presented. ❑ Recommended conditions of approval are attached. ❑ Application of Standard Code requirements ❑ Application of Standard Code requirements or the are not expected to alter the project design. attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: 0 schedule an appointment for Code review, 0 discuss the following(attach separate sheet if necessary): ADDITIONAL COMMENTSO/see attached): C 4, C I 0 4 M =-- eb-VL ►t1i IcCC=::�Eaot ►� 0- Signature: Ext. Date: Z � a CITY OF NEWPORT BEACH 10 PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date:Mardi 5,2001 Staff Planner: Robert Kain,644-3231 X PUBLIC WORKS DEPARTMENT/ X PLANS ATTACHED(PLEASE RETURN) X TRAFFIC ENGINEER — FIRE DEPARTMENT PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADINGDEPARTMENT COMMUNITY SERVICES POLICE DEPARTMENT/VICE&INTELLIGENCE MARINE SAFETY REVENUE ECONOMIC DEVELOPMENT(Commercial Development Only) APPLICATION OF: Michael Malamut, CONTACT: Richard Gemigniani,Arch. Vespa California,Inc. (818)385-1516 FOR: UP2001-008(PA2001-051) DESCRIPTION: A request to operate a retail establishment for the sales and minor service of Vespa motor scooters. The minor services include; adjustments, cable changes,and the installation of various accessories. Vespa will keep less than 5 gallons of gas on site for test-drives of motor scooters. LOCATION: 2902 W.Coast Highway REPORT REQUESTED BY: April 4, 2001 COMMISSION REVIEW(Tentative): April 19,2001 Check all that apply: ❑ No comments on the project as presented. ❑ Recommended conditions of approval are attached. d'Application of Standard Code requirements ❑ Application of Standard Code requirements or the are not expected to alter the project design. attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: Q schedule an appointment for Code review, 0 discuss the following(attach separate sheet if necessary): ADDITIONAL COMMENTS(0 see attached): Signature: Ext. Date: `.�" CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date:MarcS 5,2001 Staff Planner: Robert Kain,644-3231 X PUBLIC WORKS DEPARTMENT/ X PLANS ATTACHED(PLEASE RETURN) X TRAFFIC ENGINEER FIRE DEPARTMENT _PLANS ON FILE IN PLANNING DEPT. Il G/GRADINGDEPARTNIEENT COMMUNITY SERVICES POLICE DEPARTMENT/VICE& INTELLIGENCE MARINE SAFETY REVENUE ECONOMIC DEVELOPMENT(Commercial Development Only) APPLICATION OF: Michael Malamut, CONTACT: Richard Gemigniani,Arch. Vespa California,Inc. 1 (818)385-1516 FOR: UP2001-008(PA2001-051) DESCRIPTION: A request to operate a retail establishment for the sales and minor service of Vespa motor scooters. The minor services include; adjustments, cable changes,and the installation of various accessories. Vespa will keep less than 5 gallons of gas on site for test-drives of motor scooters. LOCATION: 2902 W. Coast Highway REPORT REQUESTED BY: April 4, 2001 COMMISSION REVIEW(Tentative): April 19,2001 Check all that apply: ❑ No comments on the project as presented. ❑ Recommended conditions of approval are attached. r Application of Standard Code requirements ❑ Application of Standard Code requirements or the are not expected to alter the project design. attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: 0 schedule an appointment for Code review, discuss the following(attach separate sheet if necessary): JIADDITIONAL COMMENTS(0 see attached): Lvi t Signature: Ext. Date: C Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A-6214, September 29, 1961, and A-24831 June 11,1963. PROOF OF PUBLICATION FILE COPY STATE OF CALIFORNIA) ) SS. County of Orange ) am a Citizen of the.United States and a resident of the County aforesaid; I am over the age of-eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT pu1=;<�OF'G ntbed6r I�EW PMT,BEA P" respon�rtrtce; de % BEACH-COSTA MESA DAILY PILOT, a PA' 41 b�, tothe newspaper of general circulation printed and IUsei Fe the g P lulmfi-wa s 4-32 . Soon- Ppublished in the City of Costa Mesa Coun}y ��"Notice,Whereby' � .�t � � ` City `I tt at the Planning ra tary Planning, 'Com- missionof- Orange, State of California and that + Cry of miser ' GAY of Newport attached Notice is a true and complete copy & '.V titt � ' e at A as was printed and published on the fortrf*, inc., for titt2b0'1-d08 , pro ' s, "Newport following dates: located` ; � `' ' ,saach _rsta akesa 'paws i 'Ap,1 p � m ' a r�rft sa11eb0 . G for the sai®a and minor service of Wasps moor' oortrters. The minor Include April 7 , 2001 Juust�meents, ' cable chappe, and the in-• 'astdf at :var" iacsc}rtes. This project has been: reviewed, and it has been determined thot it, is ca , ncally extarrrpt under requirements lot - the, California Envtrohmpntat ,Gltaatky- 'Act under C1aas f(Feist' �ing Fat'a"wtles). Natke' is hereby. Ming caliecto further given that,said = Wiring da b f on the S day of OFM 2001, at to hour !of 6 S0 p.m. in the eCound Chambers of the Newport Beach City I declare, under penalty of perjury, that the wall, Newport;$ou. fevard, Newport Bea:h, foregoing is true and correct. icaliloffAlk at which tirriiii 'and.p , any and,AN persons ;tnterested. ;appear and be tweetlhereorn'if you challetug �tht p in couR;.you Executed on April 9 , 2001 may beamed to ra�irtg tix ss issues you or at Costa Mesa, California. someelse at the pubtc,hearing. dew Signature ` ..,,._ . ,. S CLVf H 4 AL oin rnLC ol."um A 'r ' 1' 1. 1 ! ' El Sii- C_ f �' �..0 AV ■ Sffit"r'.nt{tt rAMNI01E NDItR cR 90W BEI.CARO w� _ qq ;� WILSON 0—i SWIAGO OR PA1� ^y Q CIR `t 'jBoO GPIra ST ctR •I"„^ N ,f"&Y. S��_ CONGRESS SiFRY C aY " fFr'i+' � TEDISON HS no w a m cemu rt A Sr VICTORIA 50oSTij, t 1Rtw m SPRINm L — C � _ 4i ' HANI OArRER - u jcw$ 3 , AV 1'1 plL �C ii E'a� nNE RL 4 `' ioo DYpsr wm ul z6� DR _ N EREEIP2W D0. J OA NANILTON; i✓... 9100 LL vIER S s vP T NEALONf EM.HYD�a u z$ REGATTA Da 's DR �L�® : I:.wvcR 1 ^w�c ND �s a BA qsT-...1 F. n F •ri 7.Y.y 3 :Eb_ iBAY N [I0._3 DN COVE 57 Y IRE ,p laY o I py .5 S Z - i FAL ST 57 ce .I � I wNt�u � t sNarNREEZE DR et YurAeaR etR e � PARK a+s �r� S R RDSS 5T � FORD 8= :� n OCEAlrcRESr OR HPEIDE Cr �F I < x 0 S q k ° r 1 I N B R NLasoN I 1 L =Ewonan ate!. '�gn aI sv� cc�� 9 SURF 5 W o s 'k` ❑ ,.•+• i 4i 7 W BEACH ' BFANARD Si b�' 1i�„n EDAR P_ o w d 3 ST Wp BERNA tiBE H. KAPM DR ne,5 - S 6e '� T Y�k'»„� s ? vps taco ■ A Y ALDNA DR R +. 4 a rs o u W 19TH 700 $T \ ��i qCj NING .or r ` ooA 9°° W e°° y 19TH PLu+ER �n ST < CENTER ST U81 ti ST, W L/LIkSy CC I SpIwwKER nlm r z yy DR mwspa EN v • t �O P< �ST �� A.r fiy F CIR 3 GIR S ]C WLIP ER C CT N HUNTINGTON TEAR w dJ ! 5 REGATTA Po PARICw V 300 DO 700 JAMES$T DR Po La"U , i SEE�-y-�E2 A i B0.l SUNSET guurM STATE �q <<' z 1.6-1IR V ` ( ST �' 4 LISONN CCINN oN z 9 vEN CIA \ LN cwoREv N �prn rwx TER;INA ]RAY CREST ClR \ Flof •ERR' EACH tig COL"rY F•` 4 CARIYEAN u I §I 8 17TH ]^a 5T tpp SW Ariow l 5 CORM COPE CIR 1 N Epp 6 SEKAVE DR rvu II / SFASPRILE CIR N M $ Q Cm ID FARAD '2?• y I 1 NE K LL ^ _ `d OHMS � T °u�Ex A'\ I ❑� PROIXICTIO PL 1 \ .,e� 5` ANA`�, �y I � g sE M c ,o a � "�'� IS sT •`� RIVAIX `Y i RARLOVERTO IT OUrSiEY , g Ea y� 2 SWIM IT ]SEWASIDE Ci T SPITAI 1 A $ V f 4s nDI e a tL zoo 9 e° © `—r [J/q) �r8�� e�4�� � Sip ERIOR <a k�•4f 'Sa� remµ J�J�� o� �areDT� `��� 4 100 C OAST . �pALS� St Mat A 'aeon � 2� s aoe I Y 1 p 'i/. RpS'• ,q ~, < we :NEACN OR 'i� Elf 1 53 A • SUSAN W. CASE, INC. OWNERSHIP LISTING SERVICE 917 Glenneyre Street, Suite 7, Laguna Beach, CA 92651 PHONE(949)494-6105 •FAX(949)494-7418 CERTIFICATION OF PROPERTY OWNERS LIST THE ATTACHED LIST REPRESENTS THE NAMES AND ADDRESSES OF ALL PROPERTY OWNERS LOCATED WITHIN 300 FEET OF THE EXTERIOR B@OU�NdDARIES OF THE PROPERTY LOCATED AT l/7�0� CQ( WI/1 1U� iuVl (/*^ THIS INFORMATION WAS OBTAINED THROUGH TRANSAMERICA INTELLITECH, A DATA SOURCE UTILIZING THE COUNTY ASSESSMENT ROLLS AND OTHER DATA SOURCES. THIS INFORMATION IS GENERALLY DEEMED RELIABLE, BUT IS NOT GUARANTEED. VV SUSAN W. CASE, INC. 423-13 l ' I 135 O i \,b „ ti Q v 136 d�d o o r '� \AC9 Y a � AR[6i' IdB2 ySTi>99Li9 AQVlR10ii j (33 ,� d ® \ \ yZie• TRACT ` O p 1 /ts_ts Aye Ax* ! Am PARM"OW 7 d35-A7 _ 132 y ' �• q � Q 112-0e 131 _ "� ,ow a O� �4 ovv low alawa $ acss• �a• �' x• a 0 SJ{iv VIA LIDO R 4 e o oo; 113aE (psi i 877/' u I i >sst e i �� na Iris' 3b Irs ri•I 3�0• I IU:nt m' wl 4 � "' I I 10 9PT IT9 D1�. di9j i !al� Abt 1 as7 fx A, .e• aw oBTU l �I mww us sra ns ACWPORr i2 NAY 47-02 MARG'1:' 1981 NOTE•ASSESSOIf'5 R1OCK A ASSES".'S .44P_ 7RACT #a 907 M.N. 26-25 To 56MC.. PARCEL NUMURS 000K 423 PAGE FS. 3�� PARM AMP P.M. 112-4,/46-26 SHOWN IN CIRCLES COtlNiY OF ORANGE a 423-14 13 `3 OD TRACT,•' BQRC£LONQ w 2 H79 V / �`\ F'S/o,!72 , 1/ r` 's s'a+•I ,3lta'I I S°• s� O �'-G(1' 3 larn�QAy's-/p73 •/ d f I Q� A. �yq-�) � t'{ 896 - ' l3 `� - ' /D68 i (ft4 °t 7 L/ �JI'.. 's•1'✓ tJ .251A. '067 `899 ti ' 4 •\ /F /` :. /D66""sue -4zz•'/O:E.7o77 .1078 IfongiliOev v 90' 866 1 ' e o- -�` 5 •.`,fib r''R`/4 /�k2 /.tis II �raa66 .��f //l6.3 1106 I.J6/ w'8D i � O "_,yi O ,� O \YI$ OI e •} I O s� 8sa i � A 1 to Oz I I ( 144 , COROOVQ N 9 8s2 06 LJ sit 4 iAs2 /_ v T 8 9 ! e i t !2 13 •+ t� ,/ /�'�� a• 'I .-v.re' 143 (I?) .t..Z33 53 SDI I 10.5-9 o- /1039 /032 i 5.+033 X15OI 4735 K156 I a"ST t1D5e f�O59 m. O 2z ;s• CORDOVA :i 8t9 1 371 A:3i! wi I! .Vile M.33 /Di? lo/ Aox ie I s \s ar �P 9 20 t i 19 E e i t8 IT IS 15 la R ---}3 1 !a fi �w 1 t I N0 807 y 817 �r 1 sr '}.-r-f \ I r�u.- I I ae' � 3r.- -3.-- as• 4 1 f0' Se' 1 1 MARCH Wl F+<3'C AS4P5S/:K'S BIOCK 6 ASSE'SSOR S MAP TRACT NO. 907 M N 28-25T036/NC- yqg!' i. ;IWAthfM HDOK423 PAGE 14 t } SHOWN IN ORCIes COUNTY Of ORANGE Aud b-. • o e :N a 919 h o 4tP� pjX st Aaawo. STREET 8 i ( O� O O__ 3a.rs 41.E NOAV, y� 2 PFr-9 N 1 4 M1 raJ z I 21 ' a o �? LOT � ag 5 1 f 114 1 A 1 i 't LY,u f( WAI s gyp.JJ LF car c '/" miraA�JNrrY P.4-Cal-76 PAL,A� 1413 39 + rRAcr 4 t t+ i Act "VAC. � — t g� tar L �. t NO. 919 w 423-13 I reo' i f# w{�Dwnership Ma _p] , ta�WPO CITY OF NEWPORT BEACH v1 P.O. BOX 1768,NEWPORT BEACH, CA 92659-1768 e� Cgtl F0RN�P PLANNING DEPARTMENT (949) 644-3200 ME COPY May 30, 2002 Mr. Michael Malamut VESPA CALIFORNIA, INC. 4312 Woodman Avenue, 3rd Floor Sherman Oaks, CA 91423 RE: Vespa Newport Beach, 2902 W. Coast Highway, Newport Beach, California Dear Mr. Malamut: This letter is being sent to you in an attempt to remedy the matters surrounding the signage and other conditions of approval, in a spirit of cooperation. Staff has had previous discussions with yourself, Mr. Gemigniani—the project architect, and Mr. Wong—the property's managing partner wherein it was stated that the City's Planning Commission would have to approve of ggy changes to the signage that was approved at their meeting on May 3, 2001. Additionally, we expressed the belief that special attention was given to the issue of signage and that a revised signage proposal that simply sought to retain the existing sign frames on the building is unadvisable from staff s viewpoint. The minutes from the meeting have been attached (Attachment 1). Additionally, Mariner's Mile has a special set of design guidelines applicable to all commercial projects, including specific provisions for signage. Enclosed is an application fee that would seek to have the Planning Commission revisit the signage that was approved should you still wish to pursue this matter (Attachment 2). The application, along with the required fee of $2004.00, must be completed and returned with all of the requested materials (sign plans, labels for public hearing notification, etc.) to the Planning Department within two (2) weeks from the date of this letter,but no later than Friday, June 14, 2002. Staff is concerned that the business will attempt to open before all of the required conditions of approval are met (Attachment 3). Revised as-built plans for landscaping and the parking lot need to be submitted for final inspection and approval, in addition to resolution of the signage issue. Any attempt to open before all of these matters are resolved will result in the issuance of an administrative citation on a daily basis or referral to the Office of the City Attorney for appropriate action. We would prefer to avoid this action, if possible. 3300 Newport Boulevard, Newport Beach Please contact the undersigned if you should have any questions regarding the project or this letter. You may reach me, directly,by calling (949) 644-3209. Sincerely, Weber Associate Planner c: Mr. Wallace Wong, WBII Properties Mr. Richard Gemigniani, Architect Code Enforcement Officer Attachments: l Nanning . (Ze�g t^i'na A)oi-t'Ce 2. Application to Amend Use Permit. ° 14 PP r o v A-I - �r�(.•Svre 3. Approved Conditions of Approval for Vespa Newport Beach. P eero'je,j �,� Final noR 5 itV-J J 1 .Ale l O J 4v NOTICE OF VIOLATION COMMUNITY AND ECONOMIC DEVELOPMENT No. PLANNING DEPARTMENT WARNING ONLY [ J CODE ENFORCEMENT PREVIOUSLY ADVISED 3300 NEWPORT BLVD. FINAL WARNING [�� NEWPORT BEACH,CA.92663 (949)6* 3 Date Time ;U 6 An inspection of the premises located at &A Tf Kin the City of Newport Beach,revealed a violadon(s)of the Newport Beach Munjcipal Code; Name of owner or business: Address if different: NEWPORT BEACH MUNI. DESCRIPTION OF YHX"ONM: CODE SEC. 0I1 TO CORRECT THIS VIOLATION: 4 / Lam/ /Yl THIS VIOLATION MUST BE CORRECTED B �"l/, U the violation is not corrected by the date specified,an ADMINISTRATIVE ITATION will be issued and penalties will begin to accrue ($100.00, $200.00 AND $500.00) each day. Additional enforcement actions such as f' administrative abatement, civil penalties, revocation of permits, recordation of notice of violation, > withholding of future municipal permits,criminal prosecution andlor civil injunction may be utilized to correct this violation(s). In addition,g)A9i Ste fee will be charged on any reinspection invoice not paid by the due date ?O'YO. A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE, IF fi THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION WILL BE ISSUED AND FEES WILL BEGIN TO ACCRUE. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and pemotL. �:ecuted on the date shown aboveOF LSSUING 0 CER RWf NAME OF LSSUDdG OFFICER mA ION CLEARED DATE WHITE(Violation Copy)CANARY(Officer Copy) t < REF# 489251 982(a)((i5.2) FOR COURT USE ONL Y ATTORNEY OR PAR TY'MTHOUT ATTORNEY(Mime,$14rd ba/n(ontm,AIXI AdW t.b3)' James E- Bachor(SSN 125746) Law Offices of Carroll, Gilbert&Bachor 711 South Brea Boulevard Brea,CA 92821.5310 TELEP140NENo.:714-671-9963 FAx No..714-671-9399 2 0 2003 . ATTORN6v FOR(Nww),Defendant VESPA OF CALIFORNIA INC I€� NAME of cook-r:Orange County Superior Court STREET ADDRESS:700 Civic Center Drive West MAILING ADDRESS: CITY ANO zip com,Santa Ana,CA 92702 BRANCH NAME:Central Justice Center PLAINTIFF/PETITIONER:WB II Properties DEFENDANT/RESPONDENT:Ves a of California Inc DEPOSITION SUBPOENA rose NUMEsER. For Production of Business Records 02CC18136 THE PEOPLE OF THE STATE OF CALIFORNIA,TO(name,address,and telephone number of deponen4 if known)_ City of Newport Beach(Planning Department)PQ Box 1768,3300 Newport Blvd., Newport Beach, CA 9265 8915 (949)644-3200 1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in Item 3,as follows: To(name of deposition officer):Kopy Kat(800)660-1946 On(date):September 4,2003 At(time): 10;00 am Location(address):570 W Lambert Road,Ste C Brea,CA 92821 Do not release the requested records to the deposition officer prior to the date and time stated above, a. by delivering a true,legible,and durable copy of the business records described in item 3,enclosed in a sealed inner wrapper with the title and number of the action,name of witness,and date of subpoena clearly written on it.The inner wrapper shall then be enclosed in an outer envelope Or wrapper,Sealed,and mailed to the deposition officer at the address in item 1. b, d by delivering a true,legible,and durable copy of the business records described in item 3 to the deposition officer at the witneser,address,on receipt of payment in cash or by check of the reasonable costs of preparing the copy,as determined under Evidence Code section 1563(b). c, by making the original business records described in item 3 available for inspection at your business address by the attorney's representative and permitting copying at your business address under reasonable conditions during normal business hours. 2. The records are to be produced by the date and time shown in item i (but not sooner than 20 days after the issuance of the deposition subpoena,or 15 days after service, whichever date is later).Reasonable costs of locating records,making them available or copying them,and postage,if any,are recoverable as set forth in Evidence Code section 1563(b). The records shall be accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code section 1561. 3. The records to be produced are described as follows: = Continued on Attachment 3. 4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN AFFECTEDSERVED ON YOU,A COURT ORDER OR AGREEMENT OF THE OR PARTIES, MUST E OBTAINED 13E ORE YOU ARE REQUIRED TO PROrDUCE CO CONSUMER WITNESSES,AND EMPLOYEE CONSUMER OR EMPLOYEE RECORDS- DtSOBEDtENCE OF THiS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT,YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY_ Date issued:August 8,2003 ` James E.Bachor , • - - (TYPE RR PRINT NpME). (SlG TURF OF PER:r7N rS6UING SUBPd£NA) Attomey for Defendant Vespa of California InC - iTiTltr) (Proof of service on reverse) r.,»orcivit firocetlum, Form A*W94rorMwdswyus* DEPOSITION SUBPOENA FOR PRODUCTION gg�2o,2025, Jvdoid CWT)d or=00mie OF BUSINESS RECORDS c ovcn,menr c�a,§dsa97.1 982(a)(152)[Rev.JerOArY 1,-VM wwW.�CCCs.:19W.COrn EXHIBIT"A" TO DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS WB IT Properties vs Vespa of California Inc et al Orange County Superior Court,Case No.02CC 18136 DEFIN111ONS 1. The term "YOUR" means and refers to City of Newport Beach and its officers, directors, employees, attorneys, agents, representatives, or anyone else acting on its behalf. 2.The term"DOCUMENTS" means and includes all written communication,tangible things, writings and records, whether handwritten, typed, printed, photographed, reproduced, microfilmed, microfiched, electronically transmitted and/or stored information including e-mails, computer disks,or other matter used in other systems of document storage and retrieval. 3. The term "PREMISES" means and refers to the real property commonly known as 2902 W Coast Highway, Newport Beach, California 92663. DOCUMENTS TO 13E PRODUCED ALL DOCUMENTS FROM THE PERIOD OF JANUARY 1,2001 TO THE PRESENT 1. All correspondence, notes, memoranda, e-mails,files, or any other DOCUMENTS in YOUR possession,custody, or control which refer or relate to the PREMISES. 2. All DOCUMENTS in YOUR possession, custody or control which refer or relate to any proposals, bids, contracts, plans, and/or drawings for any work done or proposed to be done at the PREMISES. 3. All DOCUMENTS in YOUR, possession, custody,or control which refer or relate to any and all communications, whether orally or in writing, with Michael Malamut and/or Vespa of California, Inc. 4. All DOCUMENTS in YOUR., possession,custody, or control which refer or relate to any and all communications, whether orally or in writing, with WB If Properties and/or Wallace Wont;and/or Bradley Wong and/or Bayside Properties. I PROOF OF SERVICE BY MAIL 2 1 am a citizen of the United Slates and ernployed in the City of Brea, County of Orange, 3 State of California- I am over the age of 18 years and not a party to the within action. My business 4 address is 711 South Brea f3oalevard, }area, California 92821-5310. 5 On Friday, August S, 2003, 1 served the within document described as: 6 DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS 7 TO CITY OF NEWPORT BEACH(YLANNING DEPT) g on all the parties,or attorneys for the parties,in said action by placing a true and correct copy 9 thereof enclosed in a sealed envelope,with postage thereon fully paid, in the United States Post 10 Office at Brea, California, addressed as follows: 11 Stephen A. Ellis 12 Rutan & Tucker);ALP 611 Anton Blvd., 14"Floor 13 Costa Mesa, CA 92626 Attorney for WB II Properties 14 15 1 declare under penalty of perjury that the foregoing is true and correct, that 1 am employed 16 in the office of a member of the bar of this Court at whose direction the service was shade and that 17 this Declaration was executed on Friday, August S, 2003, at Brea, California_ 18 19 Christine Pacheco 20 21 22 23 24 25 26 27 28 *KOPY KAT LITIGATION SUPPORT SERVICES AFFIDA VIT Date: S KK Reference Name: SS#: Case#: Case Title: Facility: I a ?00yj a& h el" declare: -v 1) I am the duly authorized custodian of records of the above named facility and have the authority to certify such records. 2)That the copy of records as described in the authorization/subpoena duces tecum is a true copy of all the records. 3)That the records were prepared by the personnel of the facility or persons acting under their control in the ordinary course of business at or near the time of the act,condition,or event. 4)If for any reason the records are not available,an explanation as to the reason must be filled out below. 5)I declare under penalty of perjury the the above is true and correct DATE SIGNATURE OF AFFIANT I PVZIU4 M(`f -ge am an employee of V.A.Anderson Ent.Inc.,D.B.A.Kopy Kat Inc. I declare under penalty of perjury that the attatched.....pages of records were copied and that the records are complete as given to me by the above named custodian of records. -O�/ �3 e""" z� DATE AGNATURE OF PHOTOCOPIER CITY OF NEWPORT BEACH Application: ® Use Permit No. 2�1. •6D$ e4 ti 'm COMMUNITY AND ECONOMIC DEVELOPMENT ElPlanning Director's' PLANNING DEPARTMENT Use Permit No. 3300 NEWPORT BOULEVARD ❑ G.P.A./Amendment No. NEWPORT BEACH,CA 92658 ❑ Variance No. (949)644-3200;FAX(949)644-3250 0 PART 1: Cover Page j Pruiect Common Name(if applicable): FEES: 2� �•�� APPLICANT(Print): CONTACT PERSON(if different): Mailing, Address: Mailing Address: Phone: ( ) Fax( ) Phone: ( ) Fax ( ) Property Owner(if different from above): Mailing Address: Phone: ( ) Fax ( ) PROJECT ADDRESS: Project Description(If applying for a variance, also complete attached form for required findings.): PROPERTY OWNER'S AFFIDAVIT (I) (We) depose and say that(I am) (we are) the owner(s) of the p1'0pern,(1es) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of(my) dour)knowledge and belief. Signature(s) NOTE: An agent may sign for the owner if written authorization from the record owner is filed with the application. PLEASE PROCEED TO PART II OF THE APPLICATInN Attachment No. 2 DO NOT COMPLETE THE BOXED AREA BELOW FOR PLANNING DEPARTMENT USE ONLY. ..ndicate Previous Modifications, Use Permits, Specialty Food Service Permits, etc. General Plan Designation: Zoning District: Coastal Zone: YES or NO Date Filed: Fee Pd: Receipt No: Date Deemed Complete: Hearing Date: Posting Date: Mailing Date: Planning Director Action Date Appeal P.C. Hearing P.C. Action Date Appeal C.C. Hearin; C.C. Action FUSERS\PLN\SHARED\1 FORMS\USE-APP.DOC i PART II: Project Data Sheet Project Common Name: Application Number(s): Project Address/Location: Assessors Parcel Number(s): Legal Description(Attach on separate sheet,if necessary): Existing Land Use: Proposed Land Use: Zoning District: Land Use Designation: Existing Proposed Development Zoning Code Development Requirement Lot Area(sf) Lot Width(ft) Lot Depth(ft) Setback Yards Front(ft) Side (ft) Side(ft) Rear(ft) Gross Floor Area(sf) Floor Area Ratio Building Coverage(%) Building Height(ft) Landscaping (%) Paving(%) - N/A Parking Number of Employees Number of seats Dwelling Units Hours of Operation F:\USERS\PLAN\SHARED\l FORMS\I PRODATA.DOC 3 1 r PART III: Plans Each application shall be accompanied by 20 sets of plot plans, floor plans, and elevations; 8 sets shall be drawn to scale on 24 inch by 36 inch sheets with margins not less than 1/2 inch artd 12 sets shall reduced to 11 inches by 17 inches. The required number of plans to be submitted for a Planning Director's Use Permit application is 12 sets; 4 sets drawn to scale and 8 sets reduced. All plans shall be collated, stapled and folded to a size of 8%2" by 1411, maximum. The Planning Director may odify or waive submission requirements if deemed unnecessary to support the application. A. Plot Plan Plot plans shall be fully dimensioned and show the following information on the subject property and to a minimum of 20 feet on contiguous properties: • Vicinity Map. • North arrow. • Scale of the plan. • Existing and proposed property lines • Required and proposed yard setback lines. • Locations, names, dimensions, and descriptions of all existing and proposed right of way lines, dedications and easements. • Locations of existing and proposed structures, additions, utilities, driveways, walks, and open spaces. • Any structures to be relocated, removed or demolished. • Locations, heights, and materials of existing and proposed walls and fences. • Locations, dimensions and descriptions of parking areas. • Location, heights, size and materials of signs. Existing and proposed grade elevations and any significant natural features. • An Information block containing the name and telephone number of the contact person and calculations in tabular form showing compliance with applicable property development regulations (i.e., density, floor area limits, height, parking, etc.) F:\USERS\PLAN\SHARED\I FORMS\I PRODATA.DOC 4 B. Floor Plans Floor plans shall be fully dimensioned and show the following information: . ; • Overall building and individual room dimensions,including square footage calculations. • All proposed interior walls and partitions. , • Room identification. • Window and door,locations. C. Elevations Elevations shall be fully dimensioned and show the following information: • Exterior wall openings. • Exterior materials and finishes. • Roof pitches. • All roof mounted equipment and screening. • Heights above grade of all floors, eaves, and ridges. D. Optional Materials • Materials board (specifications and samples of type, color and texture of proposed construction materials). • Color photographs of the subject and adjacent properties. Part IV: Other Information and Materials Each application shall be accompanied by the following: A. - Property Owners' List and Assessor's Parcel Maps 1. One set of gummed address labels (Avery 5160 or equivalent) containing the names and addresses of owners of the subject property and properties within a radius of three hundred (300) feet of the exterior boundaries of the subject property (excluding roads and waterways for commercial properties only) shall be submitted. The list shall also contain the addresses of occupants of residentially-zoned property within the required prescribed radius only if the Planning Department makes the determination that the project is of significant public interest. Additional sets of guns ned labels shall be required if the proposed development is appealed or called up for review. 2. An assessor's parcel map(s) indicating the 300-foot radius line and the subject property shall also be submitted. FAUSERS\PLAMSHAREMI FORMS\I PRODATA.DOC 5 This information shall be prepared by a title company or an ownership listing service doing business in Orange County, utilizing names and addresses from the last equalized assessment roll and utilizing the most recent assessor's maps, or alternatively, from such other records as contain more recent names, addresses or maps. The information shall be verified by the title company or ownership listing service and be accompanied by a written affidavit. _ B. Project Description and Justification A statement describing the proposed project in detail. This will serve as the formal statement to the approving authority on what the project is and why it should be approved. Please include any - relevant information which supports the application. Particular attention should be given relating this information to any findings that must be made in order to approve the application (see table below). Required Findings Application Section Transportation Demand Management Ordinance 20.64.046 Establishment of grade by the Planning Commission 20.65.030(B-3) Sign Exception Permits 20.67.045(B) Accessory Outdoor Dining 20.82.050(B) Waiver of location restrictions for massage 20.87.025 (B) establishments Modification Permits(General) 20.93.040 For condominium conversions 20.83.025,20.83.035 (B) Use Permits(General) 20.91.035 (A) To exceed base development allocations 20.63.040(B or C) To allow mixed use developments with less 20.63.040(E) than 0.25 FAR for commercial development To restore of damage or Destroyed 20.62.070 nonconforming structures Conversion of a Maximum FAR use to a Base 20.63.050(B) FAR use or to a Reduced FAR use,or conver- sion of a Base FAR use to a Reduced FAR use To transfer development intensity 20.637.080(I) To modify or waive of off-street parking and 20.66.100(A) loading requirements For bars and cocktail lounges 20.82.020(B) For take-out service,limited 20.82.020(C) Variances(See page 8 of application) 20.91.035(B) F:`.USERSTLAN\SHAREMI FORMS\1 PRODATA.DOC 6 Environmental Information Form: The Environmental Information Form is intended to provide the basis information necessary for the evaluation of your project t6 determine its potential environmental effects:.This review provides the basis for determining whether'the project may have a significant effect on the environment, as required by state law. After this information has been evaluated by the Planning Department, a determination will be made regarding the appropriate environmental documentation for your project. F:\USERS\PLAN\SHARED\l FORMS\1 PRODATA.DOC 7 " FINDINGS AND CONDITIONS OF APPROVAL FOR FILE COPY " USE PERMIT NO. UP2001-008 PLANNING COMMISSION APPROVED 05/03/2001 " FINDINGS: 1. The proposed development is consistent with the commercial designation of the Land Use Element of the General Plan (and the Local Coastal Program), and is compatible with the surrounding commercial land uses. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). There is no expansion of use beyond the previous use and the improvements proposed are limited to interior alterations and rehabilitation to the exterior of the existing facility. 3. The approval of UP2001-008 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of the city for the following reasons: • The project consists of ground floor showroom display area, accessory installation areas, and administrative offices associated with the proposed vehicle sales facility within an existing building. • The limited nighttime operation of the proposed use should prevent any adverse impacts on the neighboring residential uses that overlook the project. • Service is limited to and conducted inside the building, therefore no noise or other aesthetic impacts normally associated with vehicle sales and service establishments will be present. • No intensification of the legal non-conforming parking status CONDITIONS: 1. Development shall be in subs.'sRtiat conformance with the approved site plan, floor plan and elevations (including signage dimensions and materials) except as noted in the following conditions. 2. All buildings and structures, including parking, shall be located outside of the 12 foot future street widening area unless an agreement, approved as to form and content by the Office of the City Attorney, is first approved by the Public Works Department and the Planning Director. 3. The project shall be limited to building square footage as specified in the approved plans for 4,822 gross sq.ft. 4. The hours of operation of the facility shall be limited to 1 Oam 7p.m. M-F, 11 am-6 p.m. Sat., and 11 am-5 p.m.Sun. 5. The use of pneumatic lifts, air compressors and air wrenches or hammers shall be prohibited in conjunction with this establishment. Additionally, activities associated with vehicle repair and maintenance shall be limited to the application of accessory items and minor adjustments. Attachment No. 3 6. The operator of the vehicle sales facility shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be prohibited. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: Between the hours of Between the hours of 7:00 a.m.and 10:00 p.m. 10:00 p.m.and 7:00 a.m. interio extedor interior exterior Measured at the property line of Commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property fine of Residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 8. The use of banners, pennants, balloons, wind signs, moving signs, or flashing or animated electrical signs shall be prohibited. 9. Deliveries and trash collection shall be prohibited between the hours of 9:00 p.m. and 8:00 a.m., daily. 10. Prior to issuance of building permits, the landscape and irrigation plan shall be prepared and include a 30-inch high Lingustrum j. Texanum (Texas Privet) hedge across the entire length in front of the property, in front of the vehicle display area and on the easterly side of the entry drive, except as required to satisfy sight distance requirements or deemed infeasible by Planning and Public Works. 11. Prior to the final of the building permits and issuance of the certificate of occupancy, the applicant shall schedule an inspection by the Code Enforcement Officer to verify completion and installation of the landscaping in accordance with the approved plan. 12. Prior to issuance of Building Permits for the project, the Parking Layout Plan shall be revised to conform with City Standard 805-L-A, 805-L-B or other applicable City Standard required by the City Traffic Engineer. The final design of all on-site parking, vehicular circulation and pedestrian circulation systems shall be incorporated into the building set of plans and shall be subject to the approval of the City Traffic Engineer prior to issuance of building permits. 13. A minimum of 27 parking spaces shall be provided on and off-site. The final design of all on-site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the Traffic Engineer. 14. The on-site parking lot shall remain available for employee and patron parking only. The parking or display of vehicles for sale shall be prohibited in the required off-street surface parking spaces. Storage or parking of vehicles associated with the subject property on any neighboring properties shall be prohibited unless the appropriate amendment to this use permit is first approved by the Planing Department. Display of vehicles shall be limited to the portion of private property directly in front of the subject tenant space along West Coast Highway. A maximum of 4 scooters can be displayed in this location. r c 15. The intersection of the private drive and West Coast Highway shall be designed to provide sight distance for a speed of 40 miles per hour. Slopes, landscape, walls, freestanding signs, and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The applicant shall demonstrate on the plan that vehicles parked in the display area are not within the limited use area as defined in City Standard 110-L.Sight distance requirements may be modified at non-critical location, subject to approval of the City Traffic Engineer. 16. Prior to issuance of the certificate of occupancy, a copy of the final revised as-built plans including revised landscape and irrigation plans shall be submitted to the Planning Department.This set of drawings shall be added to the Use Permit file. 17. Prior to December 1, 2001, the parking area for the subject property be patched and repaired as necessary and a slurry coat shall be applied to the entire parking lot in a manner consistent with Public Works Department requirements. 18. The facility is to be used only for purchase and sale of scooters. Rental of scooters is prohibited. Standard g&Requirements: 19. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. Signs associated with the proposed facility shall require a separate building permit and shall be submitted for review by a consultant retained by the City to review such submittals. The conceptual plans should be submitted for review and approval prior to submittal of working drawings to the Building Department for building permits for the signs. 20. The project shall comply with State Disabled Access requirements, including handicap parking requirements. 21. The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Building Department. 22. The Planning Director or the Planning Commission may add to or modify conditions to this approval, or revoke this approval upon a finding of failure to comply with the conditions set forth in this approval, the Municipal Code or other applicable conditions and regulations governing the establishment. Further, that if the operation which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 23. This approval shall expire unless exercised within 24 months from the end of the appeal period,in accordance with Section 20.91.050 of the Newport Beach Municipal Code. l - J Variances: Required Findings: 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 2. That the granting of,the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. 3. That the granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. 4. That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. To aid staff in determining that the finding can be made in this particular case please answer the following questions with regard to your request. (Please attach on separate sheet, if necessary.) 1. What exceptional circumstances apply to the property, including size, shape, topography, location or surroundings? 2. Why is a variance necessary to preserve property rights? I Why will the proposal not be detrimental to the neighborhood? F:\USERS\PLAN\SHARED\1 FORMS\I PRODATA.DOC 8 I ' ' t f PART.1 P.U.BOX 17,t d.NE.WK)RT REACK CA 9265t3-t1915 r'��,"•-Y:. c., i 2 r r,rf, -.•••.�. tit,,( i'1.:1\�i�(:it}.iARI'�il•:�7'(9-t9)f►.1-t- Oti 3 ;f,��rrfs{.���rt.�aslc:•.. : Y'1'irri rJf{� :\nllton\'�i.i�ir:41,,t'1(` +�'r :{:�f,rr,'�j{:�•• Norilirid,,tr.0 A y 1•2.t it •.. :::::•:.•.ii,❖::•:•: Application No. Modltic.11!onI'Cri111I�.t+. t\t1� i f•�. !°'? �'J�.}'.,''''• {Yii%�i is{iri:YrJ •: \ppiic'w': \n?ht,r.� \i.l>u.ltl,elo s�;'{}�e'� .XXmw XX rr, nervy loathed: _'90, !\r•.t t .�.!a II Lh��::. �f�''::i:::•:.:..:...... Xw Legal I)e scrirlion: Lk I . 1 T,:C i`S i t> Dear-Mr. \l wrant,cit,: \lu(!!fSC.11it+Il Rc(j1SC>tal: 1+ permit. .lutllnt`aal!\\311 11l:ll,tin al multi-tenant b(lildin"for a total of .;ti;.•�.;::;���::•:'{: •1\(ail�,igits.1\here the Code limits wall sil-11•tti.,ne pc hl2siness fOr lhulti-temint buildings. ..... 'ti'•" tiff•::�.�:'::•l:.:V:•i 4•:•. -!: +` i ) iy •/t) ♦, and t) noes to approve tilC x'•'•r::;•.v:: the �loillflc.l'ons t t L;ItiillcC. t n �t Ott l_'(i _ ,_-I t \+ited - :I\c: :;�`;:a':�•:'- .,pl•lical lon l'.'.>cd on the fo!IoN In+_findings and:Chi:Ct Ai the follox%int,conditions ••.•tt :•::a•.•:::y;: 1-he Ml-,01 fic:.aon,Con nniIteedetermined II th:...!,r ih.!i the pro po it oil Id not be(let ri-Iicliml to ?ersoits, pro Crt} of lniprovements In tno ncignliorhood and that the modification as approved XX0 \.iuh1 he cona<teni .(itil the legislativc inicni +if title 20 of the Nc\\,iort leach Municip:iPCode. In.! I. Vile Land ! �e F!ennent of the General 1'1a11 and the I,t�ca1 Coastal Pro-ram Lan<! Use Plan =:=:.....:r::'''"'::�+y.; de<t_'nate the sit(: for"Retail Service ConitnerciaF use and tile existing CommeiCNll structure }f :.••ri:?v++:: . is const,;?ent(\'ith this de'siLmallitln. File sitwc;are accessory to the primay use. v ram:•:•;x• ^: �r y frf r� '_. l his pro+ect has been reviewed. cin(l it has heen determined that it is categ(�rit ally exempt r rti::�:°..• front the requirements of the C:liifomia Fnvironmental Quality Act under Class I l f f,•,„ (:\t:ce>:ury Structures). r ^r r r ?. The modification to the Zoning Code as proposed would bt: consistent with the legislative intent of'title 20 of the Newport Beach Municipal Code and is a logical use of:he property 4' X 6 E. .. '..:1. ._. ... ...�:3:ff..ffvfll:lf.•!.'f IIl,I,Ii i!/./��:!.............i��Y•••JVlJ:JVI�I I��I�f ...... XJIff J:'.•:•:•:'ffJf i ':'fJ:YJJJ I.• .•.,.,.�jIIIJ�I X. h•JX• October 2.,1998 ���?J',•. Page-2 .: . ? that would be precluded by strict application of the zoning requirements for this District for the following reasons: ... :;. ;;,, :;;« • The proposed signs are located on a multi-tenant building with two tenants.where one of • .J,., the tenants has no street exposure. Therefore, additional signage is appropriate in this case. ?: •:;:;: • 'I1mc building is located on a busy street where the sign on the front of the building is 3'• �='i barely-visible to pawing motorists due to speed of the traffic. ........ 4. The moditicatiost to the::}Wing Code,as proposed will not he detrimental to persons.propert• ;'llJ :'::L..'.•: or improvements in the neighborhood or increase any detrimental effect of the existing use f)r .� the following reasons: The proposed signs will replace nonconforming signs and reduce the number of asll ''••'fa';;' sign::from 4 to 3. ':+='? • fhe total area of the proposed signs ts.approximatel� 114 square feet. where the Code Jr ''`•''''"` permits a to I►t1 : fate feet for 4U:o of the exposed finished %all surface each. t'r p, p y t a. p s wall signs).which%%ould not be as aestheticativ pleasing as the smaller suns. '��'••�`' i"he proposed signs will not:11tCet the tlo%r of air or light to acijui:I ng cOunmercial properties .% ~•; because they are%%ail sign:. 6. The proposed signs will not obstruct views from adjoinim residential properties bccau=e there are no views from this location. CONDITIONS. ` 1. The development shall be in substantial conformance with the approved plot plan, floor plans and elevations,except as noted in the following conditions. '. 1'he wall sign on the%%est elevation shall not exceed 24 Nquare feet and .hall be combined to include the advertisement of one or both tenants. ;n no case shall ? wall signs be placed on the west wall. 3. The wall signs on the south and east elevations shall be limited to a;square teet each. 4. This approvil shall expire unless exercised within 24 months from the date of approval as t specified in Section 20.9,.0-55 of the Newport Beach Municipal Code. l'he decision of the Committee may be appealed to the Planning_Commission«ithin 14 days of the date ofthe decision. Any appeal tiled shall be accompanied by a tiling fee ofS61)1.UU. No building permits may be issued until the appeal period has expired: Moll)If1C ATIO)NSC'O)MiNifFIVE ., ME HEIR •+.N 1 \`'M1h Ali`~ .. ON PRONTO': I:u 'nia Garcia.Associate Planner ,'USTOMEF Chairperson . _OCATION:. 9EVISION 4 I:O�;jri j l :.t:•.• �:ti } '. X. ' :is:• '•: .Y :��:� r � i. r: :�:� � t � I . � •ti ttv.`{•,:;ti{:ti j `fro :• i: :} - r :A•: ... '. ' ,. -X :�J11yy Y. x*X. ...................... ....... ............ ................. .. ............. 7: } :Y. }✓: r •:::::.:: i:•::::::•:: .... .. 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PARTS PLU5 .......................... .......... ............. ... ... ... . ......... . --- ---- ................... . . . ......... ............ . . ... ........... .... ....... . .. ....................................... ............ ......... .... ......... . .. ....... . .... ......... ........ .... :. .......... ............... 1 .......... .:� ~ ti. 1 1S �) • oll ,.1C ('I"t DCff '1�i��iti \�»>11 Ti?Y:is} ::. ':-•Sit , \�:a•: 1}:: k . ,r,f • �SEW Pp�T CITY OF NEWPORT BEACH U P.O. BOX 1768, NEWPORT BEACH,CA 92658-8915 PLANNING DEPARTMENT (949)644-3231 NOTICE OF FINAL APPROVAL FILE GUY DATE: May 18, 2001 TO: Richard Gemigniani FROM: Planning Director SUBJECT: UP2001-008 (PA2001-051) Please be advised that UP2001-008 was approved by the Planning Commission at its meeting of May 3, 2001, and became effective on May 18, 2001. The final findings and conditions of approvals are attached. Any deviation from them or the applications and plans on file in the Planning Department may require an amendment to the application(s) mentioned above for the project. Applicant: Michael Malamut Location: 2902 W.Coast Highway Description A request to operate a retail establishment for the sales and minor service of Vespa motor scooters. The minor services include; adjustments, cable changes, and the installation of various accessories. Vespa will keep less than 5 gallons of gas on site for test-drives of motor scooters. Should you have any questions, please contact our office. Very truly yours, PLANNING DEPARTMENT PatricicyL.Temple, Director By U c Gi er Varin Executive Secretary Planning Commission Enclosure: Approved Planning Commission minutes with Final Findings and Conditions of Approval ❑ Approved Council minutes with Final Findings and Conditions of Approval ❑ Approved minutes cc: Property Owner (if not applicant) 3300 Newport Boulevard, Newport Beach City of Newport Beach Planning Commission Minutes May 3,2001 INDEX 91,..Lighting plans for all illuminated signs shall be prepared and approved in accordance with Section 20.67.025(I) of the Municipal Code. 10. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform-'to City Standard 110-L to ensure that adequate sight distance is provided. 11. This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.055 of the Newport Beach Municipal Code. 12. A major tenant means a tenant who occupies more than 50% of the floor area of a building at the project. SUBJECT: Michael Malamut,Vespa California, Inc: Item No. 2 2902 W.Coast Highway Use Permit No. 2001- • UP2001-008 '008 A request to operate a retail establishment for the sales and minor service of Approved Vespa motor scooters. The minor services include; adjustments, cable changes, and the installation of various accessories. Vespa will keep less than 5 gallons of gas on site for test-drives of motor scooters. Chairperson Selich asked if this proposal had been submitted to the architect for Mariner's Mile Design Framework and if this proposal followed the guidelines of what the City is doing along Mariner's Mile. Staff answered that the design consultant was informed of the colors of tte buildings and the landscaping in the front of the building. The City is attempting to not need the architect's review of all projects. The reason why we have the Specific Plan and the Code amendments requiring the development plan reviews is so that staff can do these reviews. The architect and landscape architect have provided training for staff. When we get more complicated ones,we call them for assistance. Commissioner Kranzley asked if the signs fit into the framework. He was answered that the 3 existing signs are fairly plain cabinets to be replaced with stylized, cut out pieces of aluminum with illumination from the back. Staff then distributed an exhibit of the proposed signs and affirmed that there will be no increase in the number of signs. Staff expressed the opinion that they believe the proposed signs to be of higher quality than the existing signs and that they are consistent with the intent,which is to improve the signage. Commissioner Kiser clarified with staff that on page 4 of the staff report, that 15 is the total parking spaces required for this use because the standard used for the sale of motor vehicles is adequate for this use as it is closer to a retail, but it 8 City of Newport Beach Planning Commission Minutes May 3, 2001 INDEX is not as parking intensive as retail. The total parking spaces required and provided for both the Vespa and Girl's Gym is 27. Public comment was opened. Richard Gemigniani, 4645 Van Nuys Boulevard, Sherman Oaks spoke representing the applicant. At Commission inquiry, he noted: • Condition 4 - the owner is agreeing to the hours of operation for the winter but asked that the summer hours for Monday through Friday be 10:00 a.m. to 7:00 p.m. On Saturdays, he would like 11:00 a.m. to 6:00 p.m. and on Sunday 11:00 a.m. to 5:00 p.m. He explained that the scooters are rented and this would allow people time to return the rentals. • Minor adjustments are made to the scooters inside on a rack. • The majority of the business is retail and rental is a minor portion. Commissioner Kranzley stated that there was no mention of scooter rental in the staff report for this proposed project. Rentals change the characteristics of this use. Staff answered that this is the first they have heard of this as well. Mr. Gemigniani stated he might be incorrect as far as the renting goes. He stated that it is strictly a retail business. Commissioner Gifford said if this was to be approved tonight, her concern is parking. If people rent, they will be parking all day in one spot if they come in by car. If we approve this as it is written, could we add another condition that it was only for retail sales? If they do want to have rentals, the applicant will have to come back for an amendment to the use permit. Mr. Gemigniani continued stating his concern: • Condition 10 - the landscaping of a hedge 4 feet long and 30 inches high in front of the display. Where is that hedge intended to be? Staff answered that the hedge is located at the back of the sidewalk on the private property in front of the establishment (parallel across the front of the building to the driveway). The hedge came out of the Mariner's Mile Design Framework guidelines and Specific Plan. The building precludes putting a palm tree in, as required, and it is not feasible. The hedge will meet the intent of the design framework. Mr.Gemigniani continued stating his concern: • Condition 13-we have 13 spaces assigned and you are asking for 15. Is the intent to re-design the parking lot or is it accommodated within? Staff answered that the spaces are there. The lease from the property owner might be for two spaces less than that, but there are 27 spaces available for the entire property for both tenants. 9 City of Newport Beach Planning Commission Minutes May 3, 2001 INDEX Ms. Clauson added that the condition is that the applicant is supposed to provide for the required 15 parking spaces. If he does not provide it because it is a lease issue, the applicant will have to go back and deal with the landlord on it. Mr. Gemigniani continued stating his concern: • Condition 14 - the owner wants to display scooters along Coast Highway outside the exterior of the building. Staff answered that the application never considered outdoor displays. If the hedge gets put in and there is space available, and the Commission approves it,since it would be on private property, staff has no objection. Chairperson Selich noted he would take this under consideration. He then asked if the rental operation would change the way Commission looks at this proposal tonight? Ms. Wood answered that there could be a condition added to limit this to sales. If the applicant wants to include rentals, they can always come back and we can amend the use permit and we can analyze that part of the operation then. Mr. Gemigniani, after conferring with the owner, stated that the intent is not to rent any scooters at that location. Public comment was closed. Motion was made by Commissioner Kranzley to approve Use Permit No. 2001- 008 with the following changes: • Condition 4 - The hours of operation 10 a.m. to 7 p.m. M-F, 11 a.m. to 6 p.m.Saturday and 11 a.m. to 5 p.m. on Sunday. • Condition 10- Eliminate 4-ft long hedge and specify entire length of the frontage except the driveway. • Add a condition to specify that the facility was to be used only for purchase and sale of scooters. Rental of scooters is prohibited. Commissioner Tucker stated that the display issue for a vehicle sales business and outdoor display seems to fit. If other Commissioners agree with that, we need to limit the amount of scooters to be displayed. I support the motion, but I would like clarification of the parking spaces. Chairperson Selich answered that there is a sufficient number of parking spaces there, his lease agreement does not entitle him to all 15 only 13. He has to go and deal with his landlord. The site parks for 27 total. He then asked the applicant how many scooters were needed to get a representative display and was answered three or four. Commissioner Kranzley agreed to add that as part of his motion and is to be 10 City of Newport Beach Planning Commission Minutes May 3,2001 INDEX added to condition 14. Commissioner Kiser asked to include in condition 1, '(including signage dimensions and materials)'. Commissioner Kranzley agreed to the additional language in condition 1 and also to strike the word 'substantial' before'conformance'. At Commission inquiry, staff stated that the hours of operation are the applicant's proposal Ayes: Kiser,Selich, Gifford, Kranzley,Tucker Noes: None Absent: McDaniel, Agajanian, EXHIBIT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO.UP2001-008 FINDINGS: 1 The proposed development is consistent with the commercial designation of the Land Use Element of the General Plan (and the Local Coastal Program), and is compatible with the surrounding commercial land uses. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). There is no expansion of use beyond the previous use and the improvements proposed are limited to interior alterations and rehabilitation to the exterior of the existing facility. 3. The approval of UP2001-008 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of the city for the following reasons: • The project consists of ground floor showroom display area, accessory installation areas, and administrative offices associated with the proposed vehicle sales facility within an existing building. • The limited nighttime operation of the proposed use should prevent any adverse impacts on the neighboring residential uses that overlook the project. • Service is limited to and conducted inside the building, therefore no noise or other aesthetic impacts normally associated with vehicle sales and service establishments will be present. • No intensification of the legal non-conforming parking status 11 City of Newport Beach Planning Commission Minutes May 3, 2001 INDEX CONDITIONS: 1. Development shall be in substen#al conformance with the approved site plan, floor plan and elevations including signage dimensions and materials) except as noted in the following conditions. 2. All buildings and structures, including parking, shall be located outside of the 12 foot future street widening area unless an agreement, approved as to form and content by the Office of the City Attorney, is first approved by the Public Works Department and the Planning Director. 3. The project shall be limited to building square footage as specified in the approved plans for 4,822 gross sq. ft. 4. The hours of operation of the facility shall be limited to 1Oam- 7p.m. M-F, 11 am-5pm 6 p.m.Sat., and 11 am-"5 p.m.Sun. 5. The use of pneumatic lifts, air compressors and air wrenches or hammers shall be prohibited in conjunction with this establishment. Additionally, activities associated with vehicle repair and maintenance shall be limited to the application of accessory items and minor adjustments. 6. The operator of the vehicle sales facility shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be prohibited. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code.That is, the sound shall be limited to no more than depicted below for the specified time periods: Between the hours of Between the hours of 7:00 a.m.and 10:00 p.m. 10:00 p.m.and 7:00 am. interior exterior interior exterior Measured at the property line of Commercially zoned property:N/A 65 dBA N/A 60 dBA Measured at the property line of Residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 8. The use of banners, pennants, balloons, wind signs, moving signs, or flashing or animated electrical signs shall be prohibited. 9. Deliveries and trash collection shall be prohibited between the hours of 9:00 p.m.and 8:00 a.m., daily. 12 City of Newport Beach Planning Commission Minutes May 3,2001 INDEX 10. Prior to issuance of building permits, the landscape and irrigation plan shall be prepared and include a 30-inch high by 4-#eet Lingustrum j. Texanum (Texas Privet) hedge across the entire length in front of the property, in front of the vehicle display area and on the easterly side of the entry drive, except as required to satisfy sight distance requirements or deemed infeasible by Planning and Public Works. 11. Prior to the final of the building permits and issuance of the certificate of occupancy, the applicant shall schedule an inspection by the Code Enforcement Officer to verify completion and installation of the landscaping in accordance with the approved plan. 12. Prior to issuance of Building Permits for the project, the Parking Layout Plan shall be revised to conform with City Standard 805-L-A, 805-L-B or other applicable City Standard required by the City Traffic Engineer.The final.design of all on-site parking, vehicular circulation and pedestrian circulation systems shall be incorporated into the building set of plans and shall be subject to the approval of the City Traffic Engineer prior to issuance of building permits. 13. A minimum of 27 parking spaces shall be provided on and off-site. The final design of all on-site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the Traffic Engineer. 14. The on-site parking lot shall remain available for employee and patron parking only. The parking or display of vehicles for sale shall be prohibited in the required off-street surface parking spaces. P-erl Storage or parking of vehicles associated with the subject property on any neighboring properties shall be prohibited unless the appropriate amendment to this use permit is first approved by the Planing Department. Display of vehicles shall be limited to the portion of private property directly in front of the subject tenant space along West Coast Highway. A maximum of 4 scooters can be displayed in this location. 15. The intersection of the private drive and West Coast Highway shall be designed to provide sight distance for a speed of 40 miles per hour. Slopes, landscape,walls, freestanding signs, and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The applicant shall demonstrate on the plan that vehicles parked in the display area are not within the limited use area as defined in City Standard 110-L.Sight distance requirements may be modified at non- critical location, subject to approval of the City Traffic Engineer. 13 City of Newport Beach Planning Commission Minutes May 3,2001 INDEX 16. Prior to issuance of the certificate of occupancy, a copy of the final revised as-built plans including revised landscape and irrigation plans shall be submitted to the Planning Department.This set of drawings shall be added to the Use Permit file. 17. Prior to December 1, 2001, the parking area for the subject property be patched and repaired as necessary and a slurry coat shall be applied to the entire parking lot in a manner consistent with Public Works Department requirements. 18. The facility is to be used only for purchase and sale of scooters. Rental of scooters is prohibited. Standard City Requirements: 19. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code.Signs associated with the proposed facility shall require a separate building permit and shall be submitted for review by a consultant retained by the City to review such submittals. The conceptual plans should be submitted for review and approval prior to submittal of working drawings to the Building Department for building permits for the signs. 20. The project shall comply with State Disabled Access requirements, including handicap parking requirements. 21. The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Building Department. 22. The Planning Director or the Planning Commission may add to or modify conditions to this approval, or revoke this approval upon a finding of failure to comply with the conditions set forth in this approval, the Municipal Code or other applicable conditions and regulations governing the establishment. Further, that if the operation which is the subject of this approval causes injury, or is detrimental to the health, safety,peace, morals,comfort,or general welfare of the community. 23. This approval shall expire unless exercised within 24 months from the end of the appeal period, in accordance with Section 20.91.050 of the Newport Beach Municipal Code. * s * 14 L 2902 W PCHWY STORE BLAMING. ExisaNG. BunDNG WAREHCAJS!^ STORAGE 5CYctu R.. HORIZE .L PEA - . : WITHOUT�►LJ" +OR[��1TIQIN FROTMOTION Pi.ts'3'IS'Ui�TaBt.�'TO EAR©CESS 2'OURORDER.' �.. /.... 15-6" /_. 20... _ f . 39-6" .... ..._ ... PACIFIC COAST HIGHWAY SIDEWALK N, y... ,(.. l / ......... ....._. ._$9 ...__ SIDE— .... Nil- 60' �NEOF-6FYPeo * . i a31R7TW1pK. 4,"6. 1 II r '.. r,st[ SALES AREA ..._. i�aun a-a-wroe 1 -""--ause aeD06Awcesa mamaola / ? I 1,37$255gfl DRIVE AISLE ` FIRST 11 PARKING r I I O1 SPACES SHOWN ARE OFFSITE /` 1 y - AND PART OF AN APPROVED SALES AREA I I RECIPROCAL PARKING r 1 1 I AGREEMENT PETWEEN Wall PROPERTIES AND RIVERPOINTE 1 I 1,378.25 sq ft PROPERTIES I TO. I ap h ' 11 rPARKING �r✓ i I rn, - // 73 GARS I -- IY :I SALES AREA 1 1,429.99 9q rt m. �!' I �, ....__....:...... � — �.,-.=��. 1 _.... �, � _ ____ �// � i ' _.� ,,.._ ,s 6 1 z ..__X 1a 10 uz..�1 z• IIII 1 V.OFFICE AREA 11f STORAGE7aq It 1 m } 20 �Nnt 367 76 x c1cF Lal e>,*H r MEZZANINE FLOOR PLAN _ PARKING r 1 f" (.... ..f._.__. _ .__ _..__ _. ___._� 13 CARS IV.SERVIrE AREA " J Scale 1,16 _ 1 0 l 1,120.75 sq It _ - - 357 S.F. (�( IL r/r I SALES AREA E AIELE Ri t,g2s.ss Sn n a tenant improvement to an existing one-story _.. /. " 35' t + commercial bldg.jor: 34'-11.112 W_- PA 1 ..-.......: - T...—... Yz ____. E STAI I f V.OFFICE AREA VES t c' " 1 1 I RETAIL SPACE 1 2902 W.Pacific Coast �-u __ ___'r 1 (r \\.I GYM 2.800 s.7. m. STORAGE _ (E)HALL 357,q \ ? Highway 20' ' -' ,,.-'r/ 1 Newpot't Beach,Ca —.. t — tEi�� 1 I 1 T 9 7 ...„-. 12;1T1"r / ,.. [].7,-.CE"J r- , i I I SIDEWALK f dAEN I .. ... {W I %� \y Richard Gemigniani f. '._........ �a.e.W \ I FLOOR L �f (1 Architect ?- ... _ . . .....__.......... ... ... . scat® VVm V-0„ 1 --✓ 1 ^. 4645 Vm Nuys Blvd.,Suite#201A 357 S.F. trash � Slxrm a ONcs.CA 41403 1 t 1 g f 1 818.385-1516 encbsure 1 1 Drb IV-=SERVICF AREA` t 1 1 ! 1 1 � 818385-L519 to I � 1 1 f/' SQUARE FOOTAGE SUMMARY AREA SQUARE FEET i { I f I { 1 SALES AREA i 1,378 S.F. I I DRIVE DRIVE ' f' i IL 1 SALES AREA_. ..., 1,4305`F. ..,_...HIVE AISLE AISLE ' t ' t--- ----'F 'I III.' STORAGE AREA �� 447 S.F. ... _... ..... _ _ ... _... ._ ...._ IV,' SERVICEAREA 1,120SF IE V. 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I trash I I 4645 Van Nuys Blvd. ,Suite#201A island I e nan Oaks,CA 91403 enclosure _ , I t I Sh rt o' I I I 81.8.385-1516 5 (0 `_1 , 1,124 7q fk t 1 - j�qq 1 38 1519 j 1 1 5 x z r s f r , 1 v t }+ <i tt } ` \ 31DEWALK i I e r island I ' island I i 1 I I 1 i DRIVE DRIVE 1 i AISLE AISLE ' I `� i PA2001-051 for UP2001-008 ,' , DATE OF MEETING• - e i 2 (� 2902 W Coast Highway 0 ` I ��� ` ,✓l 1 S �.- , z J i N i ! 1 DRIVE I ' I I I AISLE ; I FILE COPY - - I DRIfE { _ .. .. ..__,, I AIS'E Do Not Remove - _ i I SITE PLAN/FLOOR PLAN i I Scale: 1/16"=V-0" .- 1 %0%IZI IT PL " aN 0I . /Jrn-\\ i Date: MARCHI7, 2001A- 1 . 0FLP _ __-----___-____ _ _ - __ .}-__----_---___._.___sg -__ m_._______ -________________-____________--__.__._______._----------________ ___ \ Scale 1/16 - 1 - 0 ) Sole 1/8" --1' _ 0" .._.__._.:' 4,795 S.F.. — o\-\1 4 rhCsC l p�' 2 4,795 S.F. I i , (E)PAINTED CONCRETE BLOCK TO REMAIN I (N)CHANNEL LIT j ALUMINUM LETTERS- W1 VESPA LOGO I . i _f..__ 't r 7-LT-Li (E)STUCCO TO BE • - ^� r-� - -'- � r� RE-PAINTED WHITE L ,11TS L.r 1 SIDE ELEVATION i ---- Scale 1/8" = 1 0" � M f (E)LINE OF ROOF BEYOND a tenant improvementt (E)WOOD SIDING TO BE ! to an existing one-story PAINTED SEAFOAM GREEN (E)SHAKE SHINGLES TO REMAIN TO MATCH EXISTING (E)SHAKE SHINGLES TO REMAIN �=` � L __..�...... � � commercial g. for. `� „.,c. < i .L �.1. L., t .Pt _ k.� _._ .� c t �i a�_..��7�,[557,L�'wi�:.3�t�_ee`�"„R ttttr n i`g,K�` ♦1T t �: TC Cc.._r�d �r[.�tY,3� S[ tt`JL.:a t�r (N)CHANNEL LIT 5 ALUMINUM LETTERS ( j E WOOD SIDING TO BE W/VESPA LOGO t r PAINTED SEAFOAM GREEN (E)SIGN BOX AND .Z. r � ��L��Ly� . � s����#�S+ � �.' � '•�� y"� � 3� .Y ,� ],+� #� �.�ft:.7£��,�"' t .fC..i,�?;.„� :L`t'`�"i")t. L ..tt 7:7!._k .1s..._r€ t...S�i;_ic, i..t"rt. ��'^(`tr .............___.. _.,_......w.. a Y Y gS 8s+,g— f"t T ....,_. h T t y�y�• "'1F *s p t 1 P�jt�.�(�y+ 4,., rt �s}y { Y 4 T" �.ys ?' il'T FRAME TO BE REMOVED -- _ --- _ fM-GRE �_ _ , :...!,I - - - - __-__.__.._._ PANT-M SEA:OAM-GREEN- - �_._.____-- ; VESPA - . 902 W. Pacific Coast (N)GLASS (E)S CCO _ _ {E)STUCCO {Ej STUCCO j� TRANSOM TO B RE-PATE ! "- `1 r" -__-W E TUCCO-~ ' I - " -�"� TO BE RE-PAINTED TO BE RE-PAINTED v� —__ ___ ( , C — Highway .f I E ! WHIT '- = i I TO E RE-PAINT, D ! r _ WHITE - - WHITE = 7 {N GLASS N)PAIR 3'- WIDE WINO I E WIN S I` __ E WINDO. (E WIND S = - 1 Ail ( ' i TO REMAIN I WHITE TO REMA TO RE IN TO WI Newport �] /`� SI FLIGHT �` s ! GLASS DO S ( i I ; 1�I ewport Beach, Ca 'i� � I'1 � I Scale 1/8" = 1' - 0" f i 1 Richard Gemigniani Architect (E)STUCCO TO BE RE-PAINTED WHITE (E)LINE OF ROOF BEYOND 4645 Van Nuys Blvd.,Suite#201A N ' 00, (N)CHANNEL LIT (E)WOOD SIDIIJG TO j Sherman Oaks,CA 91403 ALUMINUM LETTERS PAINTED SEAF AM GREtyV 818.385-1.516 - W1 VESPA LOGO TO MATCH EXI TING I 818.385-1.519 fax N: rr csI (E)WINDOW ( I i (E)WIN Q TO REMAIN TO REM,I iD I 101/ In 1 STREET ELEVATION f Scale 1/8" = 1' - 0" 1 ELEVATIONS 1 1 i Date: MARCH 17, 2001 A-2 . 0 1 A 20o' . %>5/ FACO 2 d IF 2-