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HomeMy WebLinkAbout209 1-2 PALM ST11111111111111111111111111111111111111111111111111 *NEW FILE* 209 % Palm St COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS Telephone: (714) 644-3200 Plan Check No: M150' 9 (�o By:Genia Garcia, Associate Planner By:Christy Teague, Associate Planner r:Marc Myers, Associate Plan r I By:: Date: ,_Z_S L Address: Zb� %Z 1 a,IW 5§t. Districting Map No. Description of Project: NaJ h/]tV11n^]s -� -DUaR.S �DovJa`f Zone\General Plan Land Use s�� SG Proposed Use 7+1�1 (5-1 T� R��IV�/ K•+^'J Corrections Required: Gj4- Legal Description: Lot 5,�V1� Block 57 Section Tract '✓� Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $20,480. O� Covenant required. Please have owner's signature notarized on the attached document and return to me. Y-Remarks_ Lot Size/Tenant Sq. Footage Required Setbacks P, Lot area (site area sq.ft.): Base Development Allocation (BDA): [0.5 x site area sq.ft., unle: FAR permitted, with/without variance: Square footage permitted: [(A) x site area sq.ft. PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. (D) Reduced FAR use sq.ft. (E) Maximum FAR use sq.ft. (F) TOTAL SQ.FT. (C+D+EJ Side sq.ft. sq.ft. in Land Use Element] sq.ft. sq.ft. sq.ft. sq.ft. PROPOSED FAR: [ F + site area sq.ft. ] PROPOSED WEIGHTED DEVELOPMENT: FAR Use Category Weighting Facto Weighted Sq.Ft. (G) (H) ( G x H ) sq.ft. Base X 1.00 sq.ft. sq.ft. Reduced X 1.67 sq.ft. sq.ft. Maximum x 0.50 sq.ft. Rear TOTAL WJE�IGHTED SQ.FT.(May not exceed BDA) Provide tissue overlay of calculations to verify provided squuarrefgotage^ Parking (Indicate number of stalls provided), Total On -Site Parking Required Provided 11l/ Dimension building height as measured from natural grade to midpoint and maximum ridge roof height �fii Il Show natural grade line on all elevations Show all rooftop mechanical equipme and� �dimension £ omm grade)ectly below. _#Indicate location of trash containVs on siE'e plan. &&-- Floor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the property line. Fair Share Contribution (� San Joaquin Hills Transportation Corridor Fee SPECIAL APPROVAL REQUIRED THROUGH: Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of finU4. - We n ions into the blueline drawings approval letter into the blueline drawings Modifications Committee: Indicate Approval No. on Bluelines Modification required for Planning Commission/City Council: Use Permit: No. Variance: No. Resubdivision/Tract: No. Site Plan Review: No. Amendment: No. Other Public Works: Easement/Encroachment Permit Subdivision Engineer Traffic Engineer Approval of Landscape Plans Building Department: Grading Engineer Parks Department: Approval of Landscape Plans Coastal Development Permits: Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, floor, and elevations) Coastal Development Permit: No. Effective Date: Waiver/Exemption: No. Effective date: REMARKS: NOTE: It is the responsibility of the applicant to circulate his plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714) 644- 3200. "MACOW40N.001 MV. 7/95 "^,•*".: March 6; 1986 MINUTES ' c 0 = f C v> y m z M Z _ m Cityof Newport Beach LOLL CALL INDEX Motion All Ayes li� Panning Commission recessed at 10:50 p.m. and evened at 10:55 p.m. 31 Public Request to pe the Qar. ment of a ,private, no fee, commercial p ingroperty located in the R-2•:D#strict which to property located in the C-1 District. IACAION: Lot 12, 8, Corona del Mar, located arkspur Avenue, on the southeasof Larkspur Avenue, between s Highway and Second Avenue, de ar. APPLICANT: Mike Franklin, Corona OWNER: Franklin Inter Vivos Trust, Co na del Mar Motion was made to continue'Use Permit No. 3179 to Planning Commission meeting of March 20, 1986. Moti Use Permit No. 3188 (Continued Public Hearin Request to establish a nighttime restaurant with on -sale beer and wine and a take-out restaurant estab- lishment on property located in the C-1 District, where a take-out restaurant (Papagayo's) previously existed. The &oposal also includes a request to approve an infoni i off -site parking agreement for the additional parking required for the nighttime dinner operation, and a request to waive all of the required off-street parking spaces in conjunction with the daytime use on the property. LOCATION: Lots 5, 6, and 7, Block 5, Balboa Tract, located at 209� Palm Street, on the southwesterly corner of Palm Street and East Bay Avenue, in Central Balboa. ZONE:' C-1 Item No.5 UP3179 Continued to 3-20-86 Item No.6 Approved -34- ` ..�.. ..March 6; 1986' COMMISSIONERS141, "' } MINUTES 7C A C O E 9 9 c z m r m o a= z r P s m o m i ts z 9 z y= T ,OLL of Newport Beach APPLICANT: Opaso Vaghirachatchot, Balboa OWNER: Estate of Albert Gilbert, Security Pacific Bank, Administrator, Newport Beach William Laycock, Current Planning Administrator, recommended that Condition No. 9 be amended to include the following: "In the event that the off -site parking lot is lost to the restaurant use, the applicant shall notify the Planning Director in writing, and close the nighttime operation of the restaurant facility until an amended off -site parking agreement is approved by the City". Mr. Laycock explained that the purpose of the amended condition gives the City a guarantee that if the applicant is not able to maintain the informal parking agreement after one year, he will have to close the restaurant facility at night or get additional parking at another location. staff recommended that Condition No. it be amended to state that "the applicant shall obtain all required building permits and make all required corrections to the existing structure in order to comply with applicable requirements of the Uniform Building Code". Mr. Laycock explained that the purpose of the modified condition is that the applicant may not have to revise the entire dining room floor as previously required, and that there may be other ways to meet the Uniform Building Code, such as a ramp on the outside of the building. In response to a question posed by Commissioner Kurlander regarding the take-out restaurant not having a trash compactor, staff replied that the subject restaurant is not a typical take-out restaurant where there would be a lot of paper items thrown on the ground, and that the existing kitchem does not include a trash compactor. The public hearing was opened in connection with this item, and Mr. Jerry King, appeared on behalf of the applicant. Mr. King stated that the applicant concurs with the findings and conditions in Exhibit "A". Commissioner Winburn asked why Condition No. 6 requiring a washout area for the restaurant trash containers and Condition No. 7 requiring grease interceptors have been included in the subject use -35- r 'March 6, 1986 COMMISSIONERS { s xx c o y 9 > V m i= p z A= T m City of Newport Beach MINUTES permit, and were they not included in Use Permit No. 3041 dated July 22, 1983? Mr. Laycock replied that the Building Department is now requiring the washout area and grease interceptors which were not required for the previous take-out restaurant on the subject site. In response to Commissioner Kurlander's question regarding the trash compactor, Mr. King replied that this is a different type of take-out restaurant operation, and that there is an existing trash receptacle immediately outside of the rear door. Mr. King said that presently the trash is put into plastic bags and placed inside trash containers. He cited that one of the doors of the trash enclosure is missing and will be replaced. Commissioner Eichenhofer asked if the twelve parking spaces could be marked in the Great American First savings Bank parking lot so that the parking spaces will not be used by the Tale of the Whale patrons or the Balboa Pavilion. Mr. King replied that the subject bank has requested that the parking spaces not be specifically marked with a restaurant designation. Mr. Hewicker asked how a customer going to the take-out restaurant knows that there would be available parking in the bank parking lot. Mr. King replied that the applicant has not addressed that issue at this time, but the applicant has suggested that signs could be posted on the window of the subject restaurant facility or on the Class of 147 Restaurant building wall on Palm Street. Mr. King stated that the applicant would be willing to cooperate with any signage directions that staff may recommend. The public hearing was closed at this time. Motion was made to approve Use Permit No. 3188 subject Motion x to the findings and conditions in Exhibit "A" including All Ayes amended Condition No. 9 regarding off -site parking, Condition No. ll regarding building permit requirements, and Condition No. 17 regarding signs indicating where the available parking is located for the subject restaurant facility. -36- 11, COMMISSIONERS x n C C = V S m 2 C m> m 2 C 2 W a r O O s m o m > z s z M z m "March Iv11NUTES of Newport Beach FINDINGS: 1. 'That the proposed full service and take-out restaurants are consistent with the Land Use Element of the General Plan and the Adopted Local Coastal Program, Land Use Plan, and are compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to traffic circulation, walls, landscaping, utilities, and a portion of the required off-street parking spaces will be of no further detriment to adjacent properties inasmuch as the subject property is an existing developed site. 4. That the applicant has provided an adequate number of nighttime parking spaces on an informal basis, in the Great American First Savings Bank parking lot, on the southeasterly corner of East Bay Avenue and Palm Street. 5. That the waiver of a portion of the required parking spaces for the proposed take-out restau- rant will not be detrimental to the area inasmuch is 'said use will be servicing people who are working, visiting or living in the Central Balboa Area and that said use is not a destination use which will generate a parking demand of its own. 6. That the proposed off -site parking area is so located as to be useful in connection with the nighttime restaurant facility inasmuch as the parking lot is directly across Palm Street from the restaurant site. 7. That parking on said off -site lot will not create undue traffic hazards in the surrounding area. 8. That the approval of Use Permit No. 3188 will not, under the circumstances of this case be detrimen- tal to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. INDEX -37- ;•ei March- 6; I9'$'6' .�.... r..r,.::• CUMMISSIUNERS " µMINUTES c o n ..:t.�•j'r, y?fie•... . f y v> v m z c m y m z z = r m �i. ' ::Newport Beach 9 :OLL CALL INDEX CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan, except as noted below. 2. That the development standards related to a portion of the required off-street parking spaces for the take-out restaurant and parking lot illumination, building setbacks, circulation, walls, landscaping and utility requirements for the entire project are waived. 3. On -sale beer and wine shall be permitted in conjunction with the full service restaurant but off -sale shall not be permitted. 4. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code. 5. That kitchen exhaust fans shall be designed to control odors and smoke. 6. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the bay or storm drains if required by the Build- ing Department. 7. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code if required by the Building Depart- ment. S. 'That all trash containers shall be screened from view and from adjacent properties and from the public alley or street. 9. That the applicant shall provide, on an informal basis, twelve off -site parking spaces in the Great American First Savings Bank parking lot located on Parcel No. 1 of Parcel Map 117-24 (Resubdivision No. 566) at 600 East Balboa Boulevard, for the duration of the subject take-out restaurant use. Said parking shall be for the nighttime, full service restaurant only. -38- V. . 1 COMMISSIONERS ' `"� .g March 6, 19B6° MINUTES xX .,• A ,' c o x z c m s m z z A= mMaz Cit; .-of Newport Beach OLL CALL INDEX In the event that the off -site parking lot is lost to the restaurant use, the applicant shall notify the Planning Director in writing, and close the nighttime operation of the restaurant facility until an amended off -site parking agreement is approved by the City. 10. That the hours of operation of the take-out restaurant shall be limited to the hours between 11:00 a.m. and 2:00 a.m. daily and the full service restaurant's hours of operation shall be limited between the hours of 5:30 p.m. and 2:00 a.m. daily. 11. The applicant shall obtain all required building permits and make all required corrections to the existing structure in order to comply with applicable requirements of the Uniform Building Code. 12. That three (3) in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the take-out restaurant use, and the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. 13. That all previous conditions of approval for Use Permit No. 3041 shall be null and void. 14. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, ,causes injury, or is detrimental to the health, 'safety, peace, morals, comfort, or general welfare of the community. 16. That this use permit shall expire unless exercised .within 24 months from the date of approval as ,specified in Section 20.80.090 A of the Newport .:9ach Municipal Code. 17. That appropriate signs shall be provided on the restaurant site indicating that twelve parking spaces are available for the restaurant use at 'night in the Great American First Savings Bank parking lot, located at 600 East Balboa Boulevard. -39- Planning Commission Me�;ing March 6, 1986 Agenda Item No. 6 CITY OF NEWPORT BEACH TO- Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 3188 (Continued Public Hearing) Request to establish a nighttime restaurant with on -sale beer and wine and a take-out restaurant estab- lishment on property located in the C-1 District, where a take-out restaurant (Papagayo's) previously existed. The proposal also includes a request to approve an informal off -site parking agreement for the additional parking required for the nighttime dinner operation, and a request to waive all of the required off-street parking spaces in conjunction with the use on the property. LOCATION: Lots 5, 6, and 7, Block 5, Balboa Tract, located at 209� Palm Street, on the southwesterly corner of Palm Street and East Bay Avenue, in Central Balboa. ZONE: C-1 APPLICANT: Opaso Vachirachatchot, Balboa OWNER- Estate of Albert Gilbert, Security Pacific Bank, Administrator, Newport Beach Application This application includes a request to establish a nighttime restau- rant with on -sale beer and wine and a take-out restaurant establish- ment on property located in the C-1 District, where a take-out restau- rant (Papagayo's) previously existed. The proposal also includes a request to approve an informal off -site parking agreement for the additional required nighttime parking spaces. In accordance with Chapter 20.72 of the Newport Beach Municipal Code, restaurants and take-out restaurants are permitted uses in the C-1 District subject to the approval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) from the requirements of the California Environmental Quality Act. TO: PS,^ wing Commission -2. s ' Conformance with the General Plan and the Adopted Local Coastal Program, Land Use Plan The Land Use Element of the General Plan and the Adopted Local Coastal Program, Land Use Plan, designates the site for "Retail and Service Commercial" uses. The existing and proposed restaurant facilities fall within the uses permitted. Subject Property and Surrounding Land Uses The subject property is presently developed with a 3,117± sq.ft. building which contains the "Class of 47" Cocktail Lounge with acces- sory bathrooms and the Balboa Thai Cafe (previously Papagayo's). As will be discussed in the background section, the restaurant which previously operated as Papagayo's was limited to take-out food with incidental seating. To the northeast, across East Bay Avenue is the future site of the new Edgewater Place development. Said property is currently under devel- opment and is being used for temporary parking. To the southeast, across Palm Street is the parking lot for Laguna Federal Savings; to the southwest, across a 10 foot wide alley is a variety of retail commercial uses which front on East Balboa Boulevard and Palm Street; and to the northwest is a two-story residential four-plex. Background The restaurant and bar presently known as the "Class of 47" was established on the subject property in April 1964, in conjunction with the Planning Commission's approval of Use Permit No. 1027. Prior to that, the facility was operated exclusively as a restaurant without alcoholic beverages. In August, 1965, the Planning Commission denied Use Permit No. 1150 which was a request to add dancing and live entertainment to the restaurant use. According to the local office of Alcoholic Beverage Control (ABC), the "Class of 47" restaurant limited their alcoholic beverage to beer and wine until 1969, at which time the facility was approved by A.B.C. to serve cocktails. in 1978, the service of food was discontinued and the facility legally operated as a cocktail lounge until July of 1983. At its meeting of July 21, 1983, the Planning Commission approved the change in the operational characteristics of the "Class of 47" so as to allow said facility to operate without a food service operation. Said approval was subject to the findings and conditions set forth in the attached excerpts of the -Planning Commission minutes dated July 21, 1983. At its meeting of August 4, 1983, the Planning Commission approved Use Permit No. 3041 which permitted the establishment of the Papagayo's take-out restaurant with incidental seating and on -sale beer and wine. Due to the failure of the previous applicant to comply with specific conditions of approval, the Planning Commission considered the revoca- tion of Use Permit No. 3041 at its meeting of February 9, 1984. TO: Pl, _.:ing Commission -3. Tinasmuch as the previous applicant was able to comply with all condi- tions of approval, the Planning Commission did not revoke Use Permit No. 3041. Excerpts of the Planning Commission minutes dated August 4, 1983 and February 9, 1984 are attached for the Planning Commission's information. In September of 1985, the Planning Department became aware that the Papagayo's take-out restaurant had been illegally converted to a full service restaurant and was operating as the Balboa Thai Restaurant. On September 12, 1985, the applicant was notified (copy of letter attached), that an amended use permit was required in order to change the operational characteristics of the restaurant to include the full service of food or drink. Inasmuch as the applicant's alterations to the previous use also included the enclosure of the previously open patio, located westerly of the restaurant building, the applicant has been working with the Building Department for the past few weeks in order to determine the necessary corrections so as to allow the continued use of the enclosed patio for dining purposes. Said correc- tions will be discussed later in the staff report. Analysis The applicant is proposing to establish a combined take-out restaurant and full service restaurant. The take-out restaurant will be open from 11:00 a.m. to 2:00 a.m. daily, and consist of a single walk-up counter. Unlike the previous take-out restaurant (Papagayo's), there will be no incidental seating or on -sale alcoholic beverages in conjunction with the take-out restaurant operation. The hours of operation for the full service restaurant will be 5:30 p.m. to 2:00 a.m., daily, and will include on -sale beer and wine. The gross floor area of the take-out restaurant will be 1,346± sq.ft. and the "net public area" for the nighttime full service restaurant will be 478± sq.ft. There will be a maximum of 3 employees in the restaurant during both the daytime and nighttime operation. Off -Street Parking Requirement Seventeen (17) parking spaces would be required for the take-out restaurant based on the current parking formula of one parking space for each 50 sq.ft. of gross floor area, plus one parking space for each employee on the maximum work shift (674± sq.ft. r 50 sq.ft. = 13.48 or 14 + 3 = 17 spaces). The nighttime, full service restaurant will require 12 off-street parking spaces based on the current parking requirement of one parking space for each 40 sq.ft. of "net public area" (478± sq.ft. r 40 sq.ft. = 11.9 or 12 spaces). It should also be noted that the Code also provides that the restaurant parking requirement (full service restaurants only) may vary between one parking space/50 sq.ft. of "net public area" (or 10 spaces) to one parking space/30 sq.ft. of "net public area" (or 16 spaces), depending upon the operational characteristics of the restaurant. It is staff's opinion that one parking space for each 40 sq.ft. (12 spaces) is adequate for the nighttime full service restaurant operation. TO: Py .ping Commission -4. , Proposed Off -Street Parking Inasmuch as the take-out restaurant will be limited to a walk-up counter with no incidental seating, the applicant is requesting a waiver of all of the parking spaces required for the take-out restau- rant. Said waiver is requested on the basis that the take-out restau- rant operation will be servicing people who are working or visiting the Central Balboa Area and further that the take-out operation will not be a destination use which will generate a parking demand of its own. When the Planning Commission approved Papagayo's take-out restaurant in conjunction with the original Use Permit No. 3041, the applicant was required to purchase five in -lieu parking spaces on a annual basis for the duration of the take-out restaurant use, since the 8 on -site parking spaces were required for the "Class of 47" Cocktail Lounge. Said in -lieu parking spaces were specifically associated with the parking demand of the take-out restaurant inasmuch as the applicant was also required to provide 20 off -site, nighttime parking spaces on an informal basis in the Laguna Federal Savings parking lot. It is staff's opinion that inasmuch as the applicant has not provided any daytime off-street parking, that he be required to continue the purchase of in -lieu parking spaces from the City. However, inasmuch as the take-out restaurant will be limited to a walk-up counter with no incidental seating, that the applicant be required to purchase only three in -lieu parking spaces for his employees. This would be consis- tent with previous actions of the Planning Commission concerning off-street parking for small take-out restaurants in the central Balboa area. Although the previous informal parking agreement with Laguna Federal Savings terminated when the restaurant was sold, the current applicant has been able to negotiate his own parking arrange- ment which provides, on an informal basis, 12 nighttime parking spaces in the Laguna Federal Savings parking lot (see attached site plan). Staff has no objections to the location of the off -site parking or the informal basis in which it is provided, as long as suitable replace- ment parking is provided should the current off -site spaces not be available to the applicant in the future. Restaurant Development Standards Chapter 20.72 of the Municipal Code contains development standards for restaurants to ensure that any proposed development will be compatible with adjoining properties and, streets. Said development standards include specific requirements for building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landsca- ping, exterior illumination, signing, underground utilities, and storage. Section 20.72.130 of the Municipal Code states that the Planning Commission shall have the right to waive or modify any of the above mentioned development standards for restaurants or take-out restaurants if such modification or waiver will achieve substantially the same results and will in no way be more detrimental to adjacent properties or improvements than will the strict compliance with standards. Staff is of the opinion that the on -site development TO: Planning Commission -5. standards as they apply to traffic circulation, a portion of the take-out restaurant parking, walls, parking lot illumination, land- scaping and utilities should be waived if the Commission approves the restaurant facility because of the existing physical characteristics of the site. Required Building Code Corrections Inasmuch as the dining area of the subject restaurant utilizes what was previously a covered patio area, the Building Department has identified certain corrections which are necessary in order to satisfy minimum Building Code requirements. The first of these corrections is that the roof of the dining area must be reconstructed out of fire retardant material and be fully insulated. The other correction is that the floor of the dining area must be raised in order to prevent water from the rear parking area from draining through the restaurant. The applicant is aware of these corrections and is willing to make the necessary changes. Specific Findings and Recommendations Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or 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 recommends approval of Use Permit No. 3188 and suggests that the Planning Commission take such action subject to the findings and conditions set forth in the attached Exhibit "A". PLANNING DEPARTMENT JAMES D. HEWICKER, Director By lliam Ward It Senior Planner WWW:la Attachments: Exhibit "A" Vicinity Map Excerpts of the Planning Commission minutes dated July 21, 1983,-August 4, 1983 and February 9, 1984 Letter of Violation dated September 12, 1985 Site Plan and Floor Plan t A �� TO: P' _.ining Commission -6. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3188 FINDINGS: 1. That the proposed full service and take-out restaurants are consistent with the Land Use Element of the General Plan and the Adopted Local Coastal Program, Land Use Plan, and are compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to traffic circulation, walls, landscaping, utilities, and a portion of the required off-street parking spaces will be of no further detriment to adjacent, properties inasmuch as the subject property is an existing developed site. 4. That the applicant has provided an adequate number of nighttime parking spaces on an informal basis, in the Laguna Federal Savings parking lot, on the southeasterly corner of East Bay Street and Palm Street. 5. That the.waiver of a portion of the required parking spaces for the proposed take-out restau- rant will not be detrimental to the area inasmuch as said use will be servicing people who are working, visiting or living in the Central Balboa Area and that said use is not a destination use which will generate a parking demand of its own. 6. That the proposed off -site parking area is so located as to be useful in connection with the nighttime restaurant facility inasmuch as the parking lot is directly across Palm Street from the restaurant site. 7. That parking on said off -site lot will not create undue traffic hazards in the surrounding area. 8. That the approval of Use Permit No. 3188 will not, under the circumstances of this case be detrimen- tal to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. TO: Pla..ning Commission -7. j 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan, except as noted below. 2. That the development standards related to a portion of the required off-street parking spaces for the take-out restaurant and parking lot illumination, building setbacks, circulation, walls, landscaping and utility requirements for the entire project are waived. 3. on -sale beer and wine shall be permitted in conjunction with the full service restaurant but off -sale shall not be permitted. 4. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code. 5. That kitchen exhaust fans shall be designed to control odors and smoke. G. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the bay or storm drains if required by the Build- ing Department. 7. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code if required by the Building Depart- ment. 8. That all trash containers shall be screened from view and' from adjacent properties and from the public alley or street. 9. That the applicant shall provide, on an informal basis, twelve off -site parking spaces in the Laguna Federal Savings parking lot located on Parcel No. 1 of Parcel Map 117-24 (Resubdivision No. 566) at 600 East Balboa Boulevard-, for the duration of the subject take-out restaurant use. Said parking shall be for the nighttime, full service restaurant only. 10. That the hours of operation of the take-out restaurant shall be limited to the hours between 11:00 a.m. and 2:00 a.m. daily and the full service restaurant's hours of operation shall be limited between the hours of 5:30 p.m. and 2:00 a.m. daily. TO: ining Commission -8. of 11. The applicant shall obtain all required building permits and make all required corrections to the existing structure in order to comply with applicable requirements of the Uniform Building Code. Said corrections shall include, but not necessarily be limited to the following: a. The roof over the proposed dining area shall be reconstructed with a fire retardant material and shall be fully insulated. b. The floor of the dining area and adja- cent bathrooms shall be raised so as to prevent outside water from draining into the restaurant building. 12. That three (3) in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the take-out restaurant use, and the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. 13. That all previous conditions of approval for Use Permit No. 3041 shall be null and void. 14. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. '✓Nl,ry . A i SEE C./ B G i c IC ono ,.o. ss1 e��A mfb tMalN <[Vgyr yRW fA4 m?/�y fi. 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Ili .l� SCALE OF FEET P t0e .00 .qo Kw SALSOA 4:%� DISTRICTING MAP NEWPORT BEACH — CALIFORNIA -•J = AGPICULTUwL RESIDENTIAL R_4 C'I MULTIPLE RESIDENTIAL —= SINGLE FAMILY RESIDENTIAL DUPLEX RESIDENTIAL 'C-2 LIGHT COMMERCIAL GENERAL COMMERCIAL RESTIC MULTIPLE FAMILY RESIDENTIAL M—I MANUFACTURING COMBINING DISTRICTS r—U l UNCLASSIFIED d$4a PVC141T No. 3ft7417 :• _0 A 7c m �osaX0 t July 21, 1983 of Newport Beach Request to consider the revocation of Use Permit No. 1027 that permitted the service of on -sale alcoholic beverages in conjunction with an existing restaurant located in the C-1 District. This public hearing is to address the change in operational characteristics of the "Class of 47" which is presently operating as a cocktail lounge whereas the existing use permit allows a food service restaurant with the service of alcoholic beverages. LOCATION: Lots No. 5,%6, 7, Block 5, Balboa Tract, located at 209 Palm Street, on the southwesterly corner of Palm Street and East Bay Avenue, in Central Balboa ZONE: C-1 APPLICANT: Louis Barrenchea, Newport Beach OWNER: Estate of Albert Gilbert, Security Pacific Bonk, A4minilstrator, Newport Beach INITIATED BY: The City of Newport Beach UM Request to establish a take-out restaurant facility (i.e., Papagayo's) which includes incidental dining and the service of on -sale beer and wine on property located in the C-1 District. The proposal also includes a request to waive. all of the required off-street parking spaces for said take-out restaurant. LOCATION: Lots No. 5, 6, 7, Block 5, Balboa Tract, located at 209h Palm Street, on the southwesterly corner of Palm Street and East Bay Avenue; in Central Balboa ZONE: C-1 APPLICANT: Bruce Davidson, Balboa OWNER: Estate of Albert Gilbert, Security Pacific Bank, Administrator, Newport Beach Planning Director Hewicker stated that the Commission may also desire to hear Item No. 3 concurrently with Item No. 2 due to their relationship. MINUTES Continued to August 4, 1983 - 2 - COMMISSIONERS MNUTES July 21, 1983 of Newport Beach Commissioner Person stated that because of his previous involvement with the Balboa Improvement Association and having written a letter he would like to step down and abstain from any discussion regarding these items. The public hearing opened in conjunction with Use Permit No. 1027 and Mr. Louis Barrenchea, 2176 Pacific Street, Orange, applicant, appeared before the Commission. In response to a question posed by Commissioner Balalis regarding Section 2 of the lease, that was attached to his letter, Mr. Barrenchea stated that this letter was part of the terms of the sub -lease which was given to Mr. Davidson, the applicant for Papagayo's. Mr. Barrenchea also stated that Mr. Davidson was told that the letter would have to apply and be legal with three government agencies: the State, the Health Department and the City of Newport Beach. Also, an escape clause was given to Papagayo's in that if these licenses could notlbe obtained they simply had to notify him and cancel their sub -lease. Mr. Barrenchea stated that in reading the staff report the Commission may feel that the Class of 47 was misleading Papagayo!s. Mr. Barrenchea also stated that the premises was leased to Papagayo's but that the Class of 47 did not try to run their business. In 1978, when the Class of 47 applied to ABC to eliminate their food service, they were not aware that the splitting of the license had anything to do with the continuation of serving alcohol or continuing to serve food. Consequently, Class of 47 has applied and paid for their taxes ever since then. In response to a question posed by Commissioner Balalis, Mr. Barrenchea stated he was aware there was a use permit for a restaurant and bar and continued to pay the taxes and changed the ownership at the time of the City permit.. An attorney was hired who checked out everything and felt that Mr. Barrenchea could continue operating the facility as a cocktail lounge. At that time, no advice was asked of his attorney when they decided to switch to a straight cocktail lounge, but the attorney did advise Mr. Barrenchea that he had to have a receipt of approval to do so. Planning Director Hewicker stated that when the restaurant was originally established, a restaurant use on that site was automatically permitted under the INDEX - 3 - COMMISSIONERS �, ' MINUTES x July 21, 1983 a u. City of Newport Beach m� ROLL CALL INDEX City's Zoning Regulations and the only time a use permit requirement would have been required waswhen they had requested to serve alcoholic beverages in conjunction with that restaurant, or whether they had asked for live entertainment, within 200 feet of a residential zone. It wasn't until later that the City's regulations were changed to require that all restaurants, regardless of whether they had alcoholic beverages, live entertainment, dancing, etc., required a use permit regardless of their operational characteristics. Inasmuch as they had the use permit for the alcoholic beverages, Planning Director Hewicker stated that perhaps it may not have entered their minds that what they really had was alcoholic beverages in conjunction with a bona fide restaurant. Mr. Barrenchea further stated that after 5 years of operation, since they had made the switch to a cocktail lounge and no one had come forth advising that they had to do otherwise, they thought it was perfectly consistent with what was permitted. Mr. Barrenchea further indicated that they simply were of the opinion that they could sell alcohol, food and/or both. Mr. Hewicker asked Mr. Barrenchea whether he had any comment on the food service being reestablished in the Class of 47. In response to Mr. Hewicker's question, Mr. Barrenchea stated that they feel the establishment is too small for a restaurant use and he believes that the staff report states they have approximately 2100 square feet in entire the building of which a nominal 600 - 700 square feet is being leased by Papagayo's, which was formally the kitchen. In referring to Exhibit "D", which contains some Conditions and Findings in the event the Planning Commission were to approve the current operational characteristics of the Class of 47 as a cocktail lounge, Mr. Hewicker asked Mr. Barrenchea if he had any comments. In response to Mr. Hewicker's question, Mr. Barrenchea stated that there was no argument with Condition No. 1 (i.e., all eight on -site parking spaces to be for the exclusive use of the Class of 47). Regarding Condition No. 1, Chairman King asked Mr. Barrenchea how are the parking spaces controlled? - 4 - � r m 5 m c w m �m�a�om w. f ' July 21, 1983 of Newport Beach In response to Chairman'King's question, Mr. Barrenchea stated that it is very difficult to control from .the standpoint of people coming by and parking there, not knowing whether they are customers or people parking and walking away to another site. Regarding Condition No. 3, the two year period would be a detriment to the Class of 47 because in the event they elected to sell the premises and someone wanted to make changes, it would be a question in the permit. In other words, it would reduce the value of the property if the Class of 47 were wanting to sell. Mr. Barrenchea further stated that in regards to the trash containers, required in Condition No. 5, as far as the City is concerned, the people utilizing the entire area use the trash containers. Mike Stanley of 1840 Park Newport, #205, and Bruce Davidson of 1000 E. Balboa Boulevard, Balboa, representing Papagayo's, appeared before the Commission in conjunction with Ise Permit No. 3041. Mike Stanley stated that as far as regulations of the patio were concerned he felt that they had been misunderstood. In order to'try to clarify it he made an appointment with Sgt. Doug Thomas of the Police Department, for 2:00 in the afternoon on Thursday, July 7, 1983, to discuss the conditions of the patio. At the time of arranging this appointment, Sgt. Thomas told Mr. Stanley that he would have to come out since he knew nothing of the patio. At 1:50 p.m. on the same day another Police Officer telephoned Mr. Stanley to cancel the meeting and to say that there was no need of him coming out since he was familiar with the patio. Mr. Stanley said, at that time, that he would at least like the officer to come out so that he could discuss his proposal to coincide with.what would make the patio viable. There was some concern on the part of the Police Officer that by coming out and discussing the patio with Mr.. Stanley that it would prejudice his decision in the matter. In response to a question posed by Commissioner Balalis, Mr. Davidson stated that he believes the proposed off -site parking lot could easily be made into validation parking. In response to a question posed by Chairman King, Mr. Davidson stated that Laguna Federal Savings and Loan does not wish to get involved with the parking MINUTES - 5 - W COMMISSIONERS ' \ MINUTES i x July 21, 1983 r a e m m o m City of Newport Beach ROLL CALL INDEX situation inasmuch as they do not operate the parking lot. The lot is operated by a parking lot attendant that covers all of the parking lots for Laguna Federal Savings and Loan. Mr. Davidson further stated that he would see if it is possible to obtain some type of a valid contractual agreement. Commissioner Balalis asked if the Commission would consider a two week continuance which would allow Mr. Davidson to return with a document, in writing, to the City as to how he plans on dealing with the parking problem. Commissioner Kurlander asked that Mr. Davidson give the Commission a parking plan that provides parking for the lunch hour as well as with the evening hours. Bob Gabriele, Assistant City Attorney, stated that with respect to the parking issue, he had a meeting with Mr. Stanley over a week ago, in which a written parking agreement was 6iscus6ed and Mr. Stanley confirmed that Laguna Savings and Loan would not enter into a written agreement and they would not want anything recorded against the property. In lieu of that, Mr. Stanley agreed to supply some written acknowledgement for the file, from Laguna Federal Savings and Loan to the effect that the person who is operating the parking facility, has the authority to operate the facility and then the operator of the facility would enter into the written agreement with Papagayo's and the City, which would not be recorded against the property. However, the agreement would contain the provision that Papagayo's, as a measure of good faith and commitment to comply with all of the provisions, despite the Municipal Code provision that a revocation of a use permit be subject to review by the Commission and ultimate review by the City Council, would waive that right and would agree to an automatic revocation if it were established that there was a change in the parking arrangement in violation of a condition that thereby deprives them of available parking spaces. Furthermore, as part of the agreement, Papagayo's would be required within 30 days of any anticipated change to notify the appropriate City representative of any change to get prior approval from the Planning Commission before execution of any change. Mr. Gabriele further stated that it was his understanding that Mr. Stanley would have had that kAMISSIONERS x July 21, 1983 9 � m m u City of Newport Beach agreement finalized for presentation at the tonight's hearing. Chairman King stated that there are problems with what Mr. Gabriele said. If for some reason the use permit is approved, based on the agreement that Papagayo's was able to get with the contracting agent for Laguna Federal Savings and Loan, and for some reason Laguna Federal Savings and Loan did not like the service provided to them by the parking lot service and discontinued that contract, then that essentially voids the use permit. Mr. Gabriele clarified his -statement by stating that if there was going to be a termination of Papagayo's parking right because of any decision of Laguna Federal Savings and Loan, then at that point as long as the City was given proper notice of that change, the use permit would not be voided automatically. It is only if Papagayo's is deficient in communicating the prospective change to tho City that would result in a possible forfeiture. Mr. Gabriele further stated that the matter was handled this way because Laguna Federal Savings and Loan did not want to treat this branch differently than the others, and as a consequence they would not permit recording of any written agreement against that property. The reason for the automatic revocation is because the standard agreement is recorded against the property, and the owner of the property is being bound to that agreement so that the City would have an immediate recourse if there was a breach in that agreement, whereas if there is a change and nothing is recorded against the land and no one will know about that change unless the permittee notifies the City. The item that revokes the use permit would be non -notification of the City. Chairman King -stated that the parking agreement contained in the staff report is deficient for the following reasons: 1) It is not a parking agreement for the deficiency of Papagayo's because as it is worded, the twenty cars in which they have an agreement only apply when people can't find a place on the street to park; and MINUTES INDEX - 7 - : • COMMISSIONERS ( _ { MINUTES l X July 21, 1983 0 o u City of Newport Beach ROLL CALL . -INDEX Motion Ayes Noes Abstain 2) The one -hour parking limitation has no kind of monitoring system associated with it whereas people take a ticket, are timed, and then assessed a fee over and above the time limit that they are given. Chairman King further stated that these are the kinds of things that he would be interested in if some type of agreement were made. Commissioner Balalis asked Mr. Davidson if he would be prepared to return in two weeks with a signed parking agreement containing all of the concerns of the Commission. Mr. Davidson stated that he would submit a revised parking agreement at the next meeting as requested by the Commission. Motion was made for the approval of Use Permit No. 1027 in conjunction with the Class of 47, with the Findings and Conditions of Exhibit "D", which MOTION CARRIED. FINDINGS: 1. That the proposed change in operational characteristics of the "Class of 47" restaurant does not represent.a significant intensification of use on the subject property and will not increase the overall parking demand for the area. 2. That there is adequate on -site parking to accommodate the proposed operation. 3. That the change in operational characteristics of the "Class of 47" restaurant, so as to delete the service of food in conjunction with its operation, does not represent an intensification of use and will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That all on -site parking (eight spaces) shall be for the exclusive use of the Class of 47 cocktail lounge. - 8 - COMMISS{ONERS ��` MINUTES x July 21, 1983 v a m m m City of Newport Beach ROLL CALL INDEX 2. That the service of food in conjunction with the subject operation may be incidental to the service of alcoholic beverages. 3. That the approval of Use Permit No. 1027 (Amended) shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. 4. On -sale alcoholic beverages shall be permitted, but no off -sale alcoholio,beverages shall be permitted. 5. That all trash containers shall be screened from view and from adjacent properties and from the adjacent alley and streets. Motion X Motion was made to continue Use Permit No. 3041 to the Ayes x X x x X X Planning Commission Meeting of August 4, 1983, which Abstain X MOTION CARRIED. +e** The Planning Commission recessed at 9:30 p.m. and reconvened at 9:40 p.m. Request to permit the use of a temporary relocatable uilding for office and storage uses in the SP-5 Di trict. AND AND Request waive all of the required off-street parking Item #5 spaces in onjunction with the use of a temporary VARIANCE relocatable b 'lding for office and storage uses in the NO. 1102 SP-5 District. LOCATION: A portkoq of Lot H, Tract No. 919, located at 2633 West Coast Highway, on the southerly bkde of West Coast Highway between Rive17, ide Avenue and Tustin Avenue, in the riner's Mile Specific Plan Area. ZONE: SP-5 APPLICANT: James F. Parker, Newport ach OWNER: Estate of Nelson A. Cray, Upland Agenda Items No. 4 and 5 were heard concurrently due to their relationship. MlidUf ES F August 4, 1983 of Newport Beach ROLL CALF I I I III l I INDEX and designate said land for reservoir caretakers' use. The proposal also includes the addition of a 1.1 acre site (Resubdivision No. 734) for three custom residential lots, to Area 11 of the Planned Community, and the acceptance of an environmental document. The Iroposal will also amend a portion of Districting Map Nd, 63 so as to reclassify both sites from the Unc ssified District to the Planned Community (P-C) AMENDME, NO. 590 LOCATION: A port Lon., of Block 97 of Irvine's APPROVE uidiviSion, located at 34 and 36 geline Drive and 1, 2 and 3 Strafford, on a northerly side of Ridgeline Drive, south ly oqf Napoli and adjacent to Area I 11 of e( Harbor View Hills Planned Community. ZONE: Unclassified ( I ( � l i APPLICANTS: The Irvine Company, Newport Beach and the Metropolitan Water strict of Southern California, Los Angeles OWNERS: Same as applicants , The public hearing opened in connection with"this item and Mr. Mike Vansoff representing the Irvine C`mpany, appeared before the, Commission and requested approval of this item. Motions JXI �XIXIXJ*I MoiionMOTIONwas maCAe for approval of Amendment No. 590, All * * * Request to establish a take-out restaurant facility Item #2 which includes incidental dining and the service of on -sale beer and wine on property located in the C-1 District. The proposal also includes a request to waive all of the required off-street parking spaces for said take-out restaurant. LOCATION: Lots No. 5, 6, 7, Block 5, Balboa Tract, located, at 209� Palm Street, on the southwesterly corner of Palm Street and East Bay Avenue, in Central Balboa USE PERT NO. 304:1 ZONE: C-1 i- c V • � v C Motion (, ) MIIVU I tJ �. idst 4, 1983 \, APPLICANT: Bruce Davidson, Balboa OWNER: Estate of Albert Gilbert, Security Pacific Bank, Administrator, Newport Beach Commissioner Person stated that in view of the letters he wrote on behalf of the Balboa Improvement Association, he would like to step down from Items No. 2 and 3. The public hearing opened in connection with this item and Bruce Davidson, •applicant, appeared before the Commission. In response to a question posed by Commissioner Goff, Mr. Davidson stated that anyone wanting to park may park in the Laguna Federal parking lot free for half an hour and then pay $1.00 for an extra half an hour. After the hour, these people pay full beach parking for the parking space. Validation tickets and stamps are also being made up to have valet parking. In response to a question posed by Commissioner Kurlander, Mr. Davidson stated if his request were approved,• he would 'accept the condition that the approval of the application be subject to the terms of his current lease and reviewed at the end of that, lease. At this time Mr. Gabriele, Assistant City Attorney, suggested further consideration on this item adding one additional condition. Mr. Gabriele recommended that a condition be added to all use permit approvals involving restaurants,, bars, etc. that could have detrimental effects to the community surrounding that establishment. The suggested language for this additional condition is as follows: "That the Planning Commission may add and/or modify conditions of approval to this use permit upon a determination that the operation which is the subject of this use permit, causes injury, -or is detrimental to the health, safety or welfare of the community." Motion was made for the approval of Use Permit No. 3041, subject to the Findings and Conditions of -Exhibit "B" with the following revisions: require the applicant to purchase five (5) in -lieu parking spaces and five (5) parking stickers on an annual basis for the duration of the remainder of the lease] add a condition to Exhibit "B" as proposed by the Assistant City Attorney; and eliminate Conditions No. 30 and 11. INDEX - 3 - r .. e 7C • m C ? 6 i g o Amendment - Acceptance Motion Ayes Abstain Absent t� August 9, 1983 i Amendment to the original motion was made with Condition No. 10 being left in the conditions but that only five in -lieu parking spaces with no blue meter parking stickers be required of the applicant. • Motion was made for approval of the -original motion of Use Permit No. 3041, as amended, as per Exhibit "B", deleting Condition No. 11, with the Assistant City Attorney's added condition, the addition of five (5) in -lieu parking permits, and the added condition with the hours of operation being from 11:00 a.m. to 12:00 midnight, which MOTION -CARRIED. FINDINGS: 1. That the proposed take-out restaurant is iconsistent with t4e Land Use Element of the lCeneral Plan and the Adopted'Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. The project will not I have any significant environmental impact. 3. That the waiver of the development standards as they pertain to parking lot illumination, circulation, walls, landscaping, utilities and a Portion of the required off-street parking spaces, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the applicant has provided on an informal basis, adequate parking in an off -site location. 4. The approval W Uso Permit No. 3041 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan and elevation, except as noted below. 2. That the development standards related to the required off-street parking spaces on a formal MINUTES INDEX - 4 r 4VMML�K�rvt� MINUTES x August 4, 1983 Fiiiat t O Y City of Newport Beach i � INDEX basis, parking lot , illumination, building setbacks, circulation, walls, landscaping and utility requirements are waived. 3. On -sale beer and wine shall be permitted but off -sale shall not be permitted. 4. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code. 5. That kitchen. exhausit fans shall be designed to control odorr ind•smoke in accordance with Rule 50 of the South Coast Air Quality Management District. 6. That a ,washoutarea for the restaurant trash containers,be priovide4 in such a way*as to insure direct drainage into the sewer system and not into the bay or storm drains if required by the Building Department. 7. That grease interceptors shall be installed on all fixtures in. the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code if required by the Building Department. 8. That all trash containers shall be screened from view and from adjacent properties and from the public alley or street. 9. That this approval shall be for a period of one year, and any extension shall be subject to the approval of the Modifications Committee. 10. That the applicant shall provide, on an informal basis, twenty off -site parking spaces in the Laguna Federal Savings' parking lot located on Parcel No. •1 of Parcel Map 117-24 (Resubdivision No. 566) at 600 East Balboa Boulevard, for the duration of the subject take-out restaurant use. 11. That the hours of operation of the take out restaurant shall be limited between 11:00 a.m. and 12.00 midnight daily. 12. That the Planning Commission may add and/or modify conditions of approval to this use permit upon a determination that the operation which is the - 5 - S mm:mANw �� �• � �LMINUTES 4, 1983 `' • f �; 1 City of Newport Beach subject of this use permit, causes injury, or is detrimental to the health, safety or welfare of the community. 13. That five (5) in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the take-out restaurant use, and the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. Request to establish a take-out restaurant facility with incidental dining in the Balboa Bakery on property located in the C-1 Dis�rict. The proposal also includes a requests to wive all of the required off-street parking spaces {or said take-out restaurant. LOCATION: Lot No. 7, Resubdivision of Block 9, \ "aITract, located at 301 Main Street, on the 'northwesterly corner of Main Street and East Bay Avenue, in Central Balboa. ZONE: \ C-1 APPLICANT: Hoa Christianson, Balboa OWNER: as applicant The public hearin opened in connection with this item and Mr. Chad Duns tu architect in Newport Beach, and Ms. Hoa Christianso applicant for the proposed project, appeared befor the Commission. Mr. Dunstun asked that a uld the applicant, based upon the denial of Exhibit "A", be able to obtain parking spaces, then would the pplicant then satisfy the requirements of the Planning mmission? In response to Mr. Dunstun's quests , Chairman King stated that, in speaking for himself, the applicant had an agreement for off -site parks spaces as required for the proposed use, then that would help greatly. Chairman King referred to Condition No. 10 relallkg to 11 in -lieu parking spaces. INDEX - 6 - All mmssa%wl MINUTES February 9, 1984 a n 4 City of Newport Beach Use Permit No. 3041 (Revocation) (Public Hearing) Request to consider the revocation of Use Permit No. 3041, which allowed the establishment of the Papagayo's take-out restaurant with incidental dining and the service of on -sale beer and wine on property located at 209;1 Palm Street in the C-1 District. Said revocation proceedings are for failure to comply with required conditions of approval. LOCATION: Lots No. 5, 6 and 7, Block 5, Balboa Tract, located at 209� Palm Street,on the southwesterly corner of Palm Street and East Bay Avenue, in Central Balboa. ZONE: C-1 APPLICANT: Bruce Davidson, Balboa OWNER: Estate of Albert Gilbert, Security Pacific Bank, Administrator, Newport Beach The public hearing opened in connection with this item and Mr. Robert Stanley, representing the applicant, appeared before the Commission. Mr. Stanley thanked the staff and the Planning Commission members for their guidance in resolving this issue. He further stated that all of the Building Code violations have been corrected. Mr. William Laycock, Current Planning Administrator, stated that all of the conditions of approval have been met by the applicant. In response to a question posed by Commissioner Goff, Mr. Laycock referred to the Planning Commission Minutes dated August 4,'1983, and stated that Condition No. 12 gives the Planning Commission the authority to add and/or modify conditions of approval to this use permit upon a determination that the- operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety or welfare of the community. -46- INDEX ACTION Y' f MOM Motion All Ayes 1 �. February 9, 1984. of Newport Beach In response to a question posed by Commissioner Kurlander, Mr. Laycock stated that the required in -lieu parking fees have been paid by the applicant. Motion was made to take no action on the revocation, in that the Planning Commission .has made a determination that the applicant has conformed to the originally imposed conditions of approval, which MOTION CARRIED. Resubdivision No. 771 (Public Hearing) Request to resubdivide an existing single parcel of land into two parcels for single family residential purposes. The proposal also includes a request for an exception to the Subdivision Code so as to allow the creation of two interior parcels with less than 50 foot widths, and the acceptance of an environmental document. LOCATION: Lot No. 29, Block E, Tract No. 1219, "v located at 1021 Kings Road, on the southerly side of Kings Road between St. Andrews Road and Signal Road, in Cliff �f. Haven. ZONE: `,.R-1 APPLICANT: Charles Winfield, Newport Beach OWNER: Same as applicant The public hearing opened in connection with this item and Mr. Brion Jeannette, representing the applicant, appeared before the Commission. Mr. Jeannette described the proposed resubdivision and stated that the proposal will preserve the views to the adjoining residential properties. He stated that. the height restriction can be accomplished through a deed restriction which would preserve the views in perpetuity. -47- MINUTES Item #8 RESUB- DIVISION NO. 771 to CITY OF NEWPORT BEACH P.O. BOX 1768, NEW PORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (714).644-3200 September 12, 1985 Balboa Thai Restaurant 209-t Palm Street Balboa, CA 92661 SUBJECT: Illegal Conversion of Papagayo's Take-out Restaurant into a Full Service Restaurant - Dear Sirs: The Planning Department informed you on.- July 8, 1985 that Use Permit No. 3041 was approved only to allow the establishment of a take-out restaurant with incidental dining and the service of on -sale beer and wine on the subject property. However, inspection of the property by Planning Department staff indicated that the restaurant facility has been altered into a full service restaurant without the approval of an amended use permit. Although a representative of the restaurant facility discussed this matter with our staff., the amended use permit to change the operation- al characteristics has not yet been received. The next deadline to file applications for Planning Commission consideration is on Friday, September 27, 1985, for the Planning Commission agenda on October 24, 1985. If the facility has not been converted back to a take-out facility with incidental seating, or the required use permit applica- tion is not received by September 27, 1985, the Planning Department will have no alternative but to refer this matter to'the Planning Commission with staff's recommendation for the revocation of Use Permit No. 3041. Pleasa feel free to contact Bill Ward in the Planning Department if you desire any assistance. A use permit application and information sheet are attached. Very truly yours, PLANNING APARTMENT JAMES D. HEWICKER, Director By yam��//' I % t4�r.✓ �� ��t't��, William R. Laycock G Current Planning Administrator WRL:la xc: Bill Ward 3300 Newport Boulevard, Newport Beach ��