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HomeMy WebLinkAbout485 OLD NEWPORT BLVD111111111111111111111111111111111111111111111 *NEW FILE* 485 old Newport Blvd ' COMMERCIAL/ INDUSTRIAL' z6ziiNG `bbRRECTIONS"0 ,faC',C'•:d }•t3'ia-eh�'i nPf;-•.rn•,t erui:,a•'.,,.`„Fi c'r�•+'rcmx.� .:•.Lr,.Plail�'CheCk'•=k6t7^ f.f.�Joni:/ J Telephone: (7141 64 -i:R -- By:Genia Garcia, Associate PTanrierei •r. z n; ia•a• .•° ,c.'B '.ChristTea e' 'ssocirate P anner_ By:Marc Mvera Associate Planner Date • 'Address r'l .V40 •i1q,?Yej T nfta'r.- fs. ,r... %i, 'h.:fflxb.'Yd.r .,f .i7Y.. 11' :, Districting Map No. - Land U[se lenient Page No Correction`s. Required:! Legal Description:, Lot, J- � Block Section Tract ,Resubdivision requiredYto combine lots or.portioz,s OfFlots ?when construction or ----- artera`t'i:on`s' are -in -excess of "$20f000. "' `'' ovenanevi:red; `,Please- 'have -owner I-s- signature -.notarized —on -the attached document and return to me. :.jS;1 )'rr--y+a'c svti.+•9 ;Fri?1'^ i'I2 Lot Size- P , 0041,b s Lftkil,( Ji J�`rr::,S,i. ,f,t -!,r t� .'.t 9''.i'.r. ir,� V,;. :,.a:.Vt fi:)?. a9. •i4 rZonel r Proposed Use : 26tg - i�Gi✓t `"'�j( t(CIS}IO✓] ( rReauireS Se�aekre f :r •..t nanm :� 5,.r,T D,/,,1vi _r: ra" ii1Q: "f_+. .AR m7. fa• •I,,:.: [',.}h„a}j n JI Fro� I Right Side Oi r_Y_F ,urw: _s0.,>:, f._r:t._tir„n± irY2l:s: 0._3 Left Side !� - •--.f-rT`. •• a>":.,:��i»1' -_ 7fV6 rl J�+92-1 ti it _ FAR WORKSHEET'r':i p.3A•BrCni.^,rr't _ •-•-; '• Lot area (site area 'ea.ft'.1: �[OR �� Jag ;ft• BasejDevelopment%'AllocatLon (BDA)-: x"ZS'OciSmm' a fti..S+ F'• ,r.,-r - •. --: - 1i , t', -.,(0 -5 x site.,areaisq.ft., unless otherwise �specifiedriri1 hand'' Use%wDlement.] ) Tit FAR permitted, without variance: (A1 comet r'e§`" 6ka _4 S uare, foots a ermitted: comet res=40="vka, q ((A)Y site area sq.ft.J Maximum'FAR allowed with variance: (B1 Comm Maximum square footage allowed: Comm res sq.ft. ((B) x site area sq. ft. ] PROPOSED DEVEL rr 7•Yn i1 f1Dr,�f ,i ,' - G?•i Ej,n a+_• Z r'rri. `:i It 3. OMENT:�r� V ' .....• w _ :)+ .r. . +''.r.3=: .71Yr�w"JtA�:A1r S:�-'1 `:i.. Y.',��J sq.ft. (C) Base FAR' use"sq`ft^. (D) Reduced- FAR•use'-'sq.ft: 'j/Y"�'t"'"�' i%9,2r- •sq.ft.� t)' Maximum' -FAR use•'sq'.ft: J'k•-�i �`ti'J`�:`.'aq:;ft; i---'- :^AuAwyn `tOTAL'SQ.FT. '(d+D+E] ---!'I--I•-'• k _ iaq.;ft:_L-.1{.:._-.'.._T?? ``PROPOSED AFAR:'""' , (...F '+ site•-area--eq..ft:=.].--- -••.: -'— PROPOSED-"WEIGHTED'DEVELOPMENTr --- -'--- - 'FAR User,Category- ---- "Weighting -'Factor.------•-- Weighted -Sq.•Ft.,-- : - (G1 (H1 ( G x H ) : % sq. ft. Base X 1.00 2 $ ��-- ~' sq. ft. i -7 11 2sq. ft. Reduced X 1.67 2-� 2 sq. ft. '',2"5sq. ft. Maximum X 0.50 �i��y1_,� -sq. ft. '' TOTAL WEIGHTED SQ.FT.(May not exceed BDA) Provide •tissue overlay, of calculations to verify provided'square.footage._ + 'k6+:.a. a.!• ;.f . ..•).r , . ', t . ' : • i "i5 ' » : iS,S ft1sP17T :5 a•• +sl(' . ':�� 1'r{r4 s 9 •'+Re-ejared Parking ti' "X 1 4a-� i1 (�'-sn(�C' Ec.-S" -- :�,t/1f 1 J � GLI�yy✓E . ,.; y`>.}, �) }w'•: :' ,. ., 'f'•-:,•.^�'—''. 'Y4+.,F n-Tr�� i%[`r.l 1.i•.FS-.�'":, Y"l+'>ID'rti.lixl' Proposed parking (Indicate numbpr of stklls provided) 045u Total on -Site Parking iD Standard Compact In -lieu Parking _ Didd gionnbuilding height as measured from• natural grade to ;average-.andi maximum' roof height a Show natural grade line on all elevations 'Show all rooftop machanical equipment and dimension from grade directly below. indicate location of trash containers on site plan. B- Number of Stories _ 9 Floor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, relation to the property line. 3" d —i1IZI — San Joaquin Hills Transportation Corridor Fee fences, etc, in SPPECTAL APPROVAL REQUIRED THROUGHs , Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditions into the blusline drawings approval letter into the bluelina drawings Modifications Committees Indicate Approval No. on Bluelines Modification required for Use Permit: No•_ /o (A) Variances No.�._ Rosubdivision/Tracts No. site Plan Reviews No. Amendments No. Other - pybt�orkss Easement%Encroachment YGrAlit� subdivision Engineer I Traffic Engineer COt�1.G�. Approval,of Landscape Plane 0,)�dinc Deoartmenti_ Grading Engineer c. , VK u Avid o-10001'c �I��'. p�Po✓ �y►�l i -i" I�SS IrtA. vlCei. P3{rks Deoartmntt Approval of Leandscape Plans 4142 COa$t&l Develoyment Permitet Approval In Concept (AIC) No. (Notes (tile 3 sets of planes site, floor, and elevations) Coastal Davalopment Permits No. _ Effective Date$ Waiver/Exemptions No, Effectiva dates._ NOTES It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above, if you have questions regarding your,application, please contact me ati(714j�644- 3200. 1 FORNs'\COW-XON. COR Rev. 2/94 Conditions of Approval Use Permit 3346(A) 485 Old Newport Blvd. CONDITION 4d i Substantial Conformance 2. Previous Conditions Held 8 -3. Grease Interceptors 4. Employees Park On -Site Debris/Auto Removed 6. Development Stds Waived Q%71 SB7• s.f. Max Net Public 8. Req'd Alts.for Restdran .9 DEPARTMENT Planning Planning Building Planning Code Enforcement Planning Area Planning t Fire Building Not to exceed $20,700, or Building Lot Line Adjustment/P.M. Planning Improvements Constructed Public Works On -Site Parking & Circulation Traffic P.C. May Add of 24 Month Expiri AC TON Plan Review Intent Letter — Plan Review Intent Letter — Field Check Hold on Final No Action Plan Review Plan Review Inspection Plan Review Plan Review Plan Review Plan Review Plan Review .._ _L_ __ ~ COM.rM�ISSIONERS O G'1� \!"o7 O CITY OF NEWPORT BEACH MINUTES December 8, 1994 ROLL CALL r r v vN e Permit No 3346 Amended Public Hearin INDEX Item No.4 UP3346A Request to amend a previously approved use permit which permitted the establishment of a restaurant with on -sale Approved alcoholic beverages and live entertainment on property located in the RSC District. The proposed amendment involves a request to expand the existing dining area and construct a new storage area adjacent to the kitchen. The proposal also includes a request to waive the additional required off-street parking. CATION: Lots 1, 2, and 3, Block 9, Tract No. 27, and an abandoned portion of Newport Boulevard, located at 485 Old Newport Boulevard, between Orange Avenue and Bolsa Avenue, adjacent to Newport Heights. ONE: RSC PLICANT: Michiko Soffer, Newport Beach OWNER: Sidney Soffer, Costa Mesa ommissioner Adams asked where the entrance to the estaurant was relative to the handicap parking space? James ewicker, Planning Director, explained that the main entrance. o the restaurant is directly in front of the building, and a econd entrance to the restaurant is located adjacent to the arking lot on the south side of the building. Mr. Hewicker tated that handicap parking access is required by the Building Department. " response to a question posed by Commissioner Ridgeway egarding Condition No. 5, Exhibit "A", regarding the removal f debris and an automobile in a parking area located on the ortherly side of the building, Mr. Hewicker explained that the estaurant would be expanded on that side of the property and -12- y. COMMISSIONERS , s OO'��'o tf� CITY OF NEVWPORT BEACH MINUTES December 8, 1994 ROLL CALL INDEX the existing parking spaces are required for an adjoining use, and said parking spaces would be available for the restaurant use when those businesses are closed. Chairman Gifford addressed' Condition No. 5, Exhibit "A". She pointed out that a similar condition requiring the removal of the debris and automobile was also placed on a use permit that permitted a massage establishment adjacent to the subject property. Chairman Gifford and Mr. Hewicker discussed the enforcement of the condition on the two use permits so as to provide the required parking spaces for each use. In response to questions posed by Commissioner Adams with respect to the foregoing parking spaces, Mr. Hewicker replied that Condition No. 12, Exhibit "A", allows the Planning Commission to bring back the use permit for review. Mr. Hewicker further replied that it'would not be appropriate to mark the aforementioned parking spaces for restaurant use only. Mr. Hewicker commented that he was not aware of a parking problem on the site. e public hearing was opened in connection with this item, and Mr. Bruce Montgomery appeared before the Planning Commission on behalf of the applicant. In response- to a question posed by Chairman Gifford, Mr. Montgomery concurred with the findings and conditions in Exhibit "A". In response to the Planning Commission's concerns regarding Condition No. 5, Exhibit "A", Mr. Montgomery stated that the abandoned automobile was removed from the property, and of the debris on the property will be cleaned up before construction commences. In response to a question posed by Chairman Gifford, Mr. Montgomery replied that the* storage lockers will also be removed from the property. n response to a question posed by Commissioner Ridgeway, . Montgomery replied that the alterations will not exceed 20,705.00. -13- riot A13 COMMISSIONERS 0-6 CITY OF NEWPORT BEACH MINUTES December 8, 1994 ROLL CALL INDEX s. Stacy Wise, 3233 Broad Street, appeared 'before the Tanning Commission. She stated that the residents are oncerned about the debris and storage lockers in the area, v1s. Wise asked if any of the trees would be removed from the roperty? Mr. Hewicker stated that one tree would be emoved from the property whereby Ms. Wise responded that he trees act as a sound buffer to the residential area. Mr. ewicker suggested that the residents contact the Code nforcement Office in the Planning Department if the eighbors consider the debris a public nuisance. s. Karen Beckingham, 3253 Broad Street, appeared before e Planning Commission. She expressed her concern that the estaurant patrons would lose parking spaces on Bolsa Avenue hen the proposed park is developed, and she requested a larification of the type of entertainment that is allowed in the estaurant. Mr. Hewicker stated that the use permit was riginally approved with live entertainment limited to non- plified music with one musician, and to the best of his owledge, the restaurant has no live entertainment at this ime. r. Roger Schwenk, 477 Old Newport Boulevard, appeared efore the Planning Commission insupport of the application. Schwenk stated that the restaurant has not created a arking problem in the area, and the restaurant benefits the usinesses on the street. ere being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made and voted on to approve Use Permit No. .ion 3446, subject to the findings and conditions in Exhibit "A". Ayes OTION CARRIED. -14- COMMISSIONERS \\N�G� CITY OF NEVWPORT BEACH MINUTES n .nnmhnr R 1 GOA ROLL CALL V INDEX findings: 5. That the proposed development is consistent with the General Plan and is compatible with surrounding land uses. The project will not have any significant environmental impact. That adequate parking exists to serve the subject restaurant. That the design of the project or proposed improvements will not conflict with any easements acquired by the public at large or access through or use of property within the proposed development. That public improvements may be required of the developer per Section 20.80.060 of the Municipal Code. 6. That the waiver of the development standards as they pertain to walls, landscaping, utilities, parking lot illumination, and a portion of the required parking spaces will not be detrimental to adjoining properties. The approval of Use 'Permit No. 3346 (Amended) under the circumstances of this case will not be detri- mental 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. onditions• L. That the subject project shall be in substantial confor- mance with the approved site plan and floor plan, except as noted below. -15- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH December 8, 1994 ROLL CALL INDEX 2. That all previous applicable conditions of approval of Use Permit No. 3346 as approved by the Planning Commission on March 23, 1989, shall be fulfilled. 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, unless otherwise approved by the Building Department. That all restaurant employees shall park their vehicles on -site. That the piles of debris and the stored automobile shall be removed from the parking area located on the northerly side of the restaurant building so as to provide 5 accessible parking spaces. 5. That the development standards as they pertain to walls, landscaping, utilities, parking lot illumination, and a portion of the required parking spaces shall be waived. 7. That the "net public area" of the expanded restaurant. facility shall not exceed 687 sq.ft. 3. The applicant shall make all required alterations to that portion of the building used for restaurant purposes which may be determined to be necessary by the Building and Fire Departments. The applicant shall obtain a building permit for all such alterations. In accordance with Section 20.87.090 of the Newport Beach Municipal Code, should the alterations and additions to the existing structure exceed the amount of $20,705.00 (or the automatic increase of the amount provided in the Municipal Code), the applicant shall record a lot line adjustment or a parcel map so as to -16- 4: COMMISSIONERS MINUTES CITY OF NEWPORT BEACH December 8, 1994 ROLL CALL INDEX eliminate the interior property line on which the existing restaurant building is currently constructed. 0. That all improvements be constructed as required by Ordinance and the Public Works Department. 1. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 2. 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. 3. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. s Permit No. 3541 blic Hearin item No.s equest t rmit the establishment of a preschool child care UP3541 enter with op d covered play areas on property located Industrial Site of the Newport Place Planned Approved ommunity. The propo jLlso includes modifications to the ewport Place Planned Co 'ty Development Standards o as to: allow an architectural a to encroach 7± feet, d an automobile stacking lane to enc • ach 25 feet into the equired 30 foot special landscape street selb ck adjacent to ristol Street North which results in only a 5 fo dscape trip adjacent to the front property line. -17- Planning Commission Meeting December 8. 1994 Agenda Item No. 4 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 3346 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the establishment of a restaurant with on -sale alcoholic beverages and live entertainment on property located in the RSC District. The proposed amendment involves a request to expand the existing dining area and construct a new storage area adjacent to the kitchen. The proposal also includes a request to waive the additional required off- street parking. LOCATION: Lots 1, 2, and 3, Block 9, Tract No. 27, and an abandoned portion of Newport Boulevard, located at 485 Old Newport Boulevard, between Orange Avenue and Bolsa Avenue, adjacent to Newport Heights. ZONE: RSC APPLICANT: Michiko Soffer, Newport Beach OWNER: Sidney Soffer, Costa Mesa Application This application involves a request to amend a previously approved use permit which permitted the establishment of a restaurant with on -sale alcoholic beverages and live entertainment on property located in the RSC District. The proposed amendment involves a request to expand the existing dining area and construct a new storage area adjacent to the kitchen. The proposal also includes a request to waive the additional required off-street parking. In accordance with Section 20.72.010 E of the Newport Beach Municipal Code, changes in the operational characteristics of existing restaurants require 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 from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). TO: Planning Commission - 2. rr .rr rr 1r r r� The subject property is comprised of three parcels which are all owned by the same property owner. The southerly parcel contains a majority of an existing 1,157 sq.ft. commercial building which the applicant currently uses as a restaurant, a 730t sq.ft. wood frame building which has previously been used as a wood working shop and three storage containers containing a total of 320t square feet. The northerly parcels include a small portion of the proposed restaurant building, a commercial building containing a combined area of 2,871± sq.ft., and a 524t sq.ft. roofed area used for an automobile waxing facility. To the north, across Orange Avenue, is an office building; to the east, across Old Newport Boulevard are auto repair facilities and a masonry supply yard; to the south is an antique shop; and to the west, across Newport Boulevard, is the Hughes Aircraft industrial development. Background At its meeting of November 5, 1987, the Planning Commission approved Use Permit No. 3291 which permitted the establishment of a restaurant on the subject property with on -sale beer and wine and live entertainment. Said action was taken at a public hearing which had been continued from the Planning Commission meetings of September 24,1987 and October 22, 1987. At its meeting of January 11,1988, the City Council considered the applicant's appeal of the Planning Commission's action, as it related to Condition No. 4 which limited the hours of operation of the restaurant from 6:00 p.m. to 2:00 a.m, daily. The City Council overruled the decision of the Planning Commission and denied Use Permit No. 3291 in its entirety. At its meeting of March 23,1989, the Planning Commission approved Use Permit No. 3346 which permitted the establishment of a restaurant on the subject property with on -sale beer and wine and live entertainment, consisting of non amplified music with one musician. The action of the Planning Commission was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission minutes dated March 23, 1989. At its meeting of April 24, 1989, the City Council sustained the action of the Planning Commission and approved Use Permit No. $346. A copy of the City Council minutes dated April 24, 1989 is attached for the Planning Commission's information. r r u.r ' u r I- r ' The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" uses. The subject project is a permitted use within this designation. The Land Use Element of the General Plan also establishes a floor area limit for the area based on a floor area ratio (F.A.R.) of 0.5/0.75. Based on this requirement, the Base Development Allocation for the subject property, is 0.5 times the site area or 8,250± square feet (16,500t TO: Planning Commission - 3. sq.ft. x 0.5 = 8,250± sq.ft.). It is also noted that the subject restaurant is classified as a Reduced FAR use. In such cases where a commercial property is occupied by a combination of a Base FAR uses (retail and office uses) and a Reduced FAR use (restaurant), Section 20.07.040 of the Municipal Code provides that the Base Development Allocation shall not be exceeded by the sum of the weighted square footages of each type of use. Weighted square footages are determined by multiplying the gross floor area of a given use by a weighted factor of 1.67 for Reduced FAR uses and 1.0 for Base FAR uses. The following table sets forth the weighted development for each type of use within the proposed project: Type Use Square Footage x Weighting Factor Retail/Office 2,871± sq.ft. x 1.0 Restaurant 1,792± sq.ft. x 1.67 Wood Shop/Storage 730± sq.ft. x 0.5 Auto Detail 524± sq.ft. x 0.5 Total Weighted Development Development Allocation = Weighted Development 2,871± sq.ft. 2,992± sq.ft. 365± sq.ft. 262± sq.ft. 6,490± sq.ft. 8,250± sq.ft. As indicated in the above table, the weighted development for the proposed project is less than the development allocation; therefore, the proposed addition to the restaurant is consistent with the provisions of the General Plan and the Floor Area Ratio provisions set forth in Chapter 20.07 of the Municipal Code. Analysis The subject application involves a request to expand the existing restaurant by constructing various additions to the building which involve a 14± square foot enclosure of the existing entryway and a 153 square foot addition to the northerly side of the building, both of which will be used for additional dining area. The applicant also proposes a 129 square foot addition at the back of the building which will be used for restaurant related storage. The existing restaurant contains 520± square feet of "net public area" and is currently permitted to operate from 7:00 a.m. to 2:00 a.m. daily. It is noted, however, that the restaurant is currently open only for dinner. The proposed additions to the dining area will increase the "net public area" of the facility to 687± square feet (167± sq.ft. increase). There will also be no increase in the number of employees which is currently numbered at four nor will there be any change in the permitted live entertainment. It is also noted that the attached site plan submitted by the -applicant -indicates that the storage units located in the southwesterly comer of the site are to be removed. Said removal was proposed inasmuch as it was originally believed that the existing development on the site was already at the maximum allowed and that any addition to the restaurant would require an equal reduction in floor area. However, as indicated previously, the proposed development is well within the Base Development Allocation for the site; therefore, the storage units are not required.to_be removed. TO: Planning Commission - 4. f-Street Parki In accordance with the existing use permit, the applicant is required to provide 10 on -site parking spaces for the subject restaurant. Said parking requirement was based on one parking space for each 40 square feet of "net public area" and included a 3 parking space credit for the previous nonconforming parking condition that existed on the property inasmuch as the subject building was constructed prior to the requirement for commercial off-street parking. Based on the same formula, the proposed dining area additions will require 5 additional parking spaces (167:t sq.ft.-: 40 sq.ft.= 4.17 or 5 spaces). However, pursuant to Section 20.33.055 B(4) of the Municipal Code, the Planning Commission may increase or decrease the parking requirement of a restaurant within a range of one parking space for each 30 sq.ft. of "net public area" (6 parking spaces) or one parking space for each 50 sq.ft. of "net public area" (4 parking spaces). it is also noted that in accordance with Section 20.72.130, the Planning Commission may modify or waive any of the development standards for restaurants, including the off-street parking requirement, if the Planning Commission determines that the strict compliance with the standards is not necessary to achieve the purpose or intent of the standard. Existing and Proposed Off -Street Parkin¢ The subject restaurant maintains 10 independent parking spaces which are located on the southerly side of the restaurant building. To the north of the restaurant building is a parking area which the previously approved site plan showed 5 parking spaces, parallel to Old Newport Boulevard. The existing 5 parking spaces are actually perpendicular to Old Newport Boulevard, including 2 tandem spaces for employee parking (see attached existing parking lot layout). Because of accumulated piles of debris that are located in the parking area and one space being utilized as what appears to be an abandoned automobile, there are only 3 parking spaces available in this area. Said parking spaces have historically been used by the tenants of the commercial building located on the northerly portion of the site; however, they would also be available to the restaurant during the evening. Because of the existing developed nature of the site, the applicant is unable to provide any additional on -site parking for the exclusive use of the restaurant. Therefore, she is requesting that the additional five parking spaces for the restaurant be waived, inasmuch as there is adequate on -street parking within the surrounding commercial area, and the peak hours of operation of the restaurant are during the evening when the parking demand in the area is at its lowest. .Although staff has no objection to waiving the additional required parking spaces, it is our opinion that it is reasonable to require that the maximum number of parking spaces be provided in the northerly parking area by removing the existing piles of debris and the existing automobile. Not only will this provide additional parking, it will also remove a rather unsightly condition on the property. tcestaurant lieveiopm@nt btanaaras Chapter 20.72 of the Municipal Code contains development standards for restaurants and TO: Planning Commission - 5. take-out 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, landscaping, exterior illumination, utilities, signing, and storage. Section 20.72.130 of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived 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 the standards. Staff is of the opinion that the on -site development standards as they apply to walls, landscaping, utilities, and parking lot illumination should be waived if the Planning Commission approves this application, due to the existing developed nature and physical characteristics of the site. Parcel Map or Lot Line Adjustment Requirement Section 20.87.090 of the Municipal Code provides that where a building crosses an existing property line, no new construction or alterations to the building in excess of $20,705.00 shall be permitted prior to July 1, 1995, unless the parcels are resubdivided so as to create a single building site. Inasmuch as the proposed restaurant building is currently constructed over an interior common property line of two of the existing parcels, the applicant will be required to resubdivide the subject property as indicated above, or obtain the approval of a lot line adjustment if the new construction or alterations exceed the permitted amount (or the automatic increase of the amount after the fiscal year, based upon any increase in the Consumer Price Index provided in the Municipal Code). Specific Findings 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. Should the Planning Commission wish to approve this application, the findings and conditions set forth in the attached Exhibit "A" are suggested. However, should the Planning Commission wish to deny this application, the findings set forth in the attached Exhibit 'B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director SeniorW.-T. 71 M W. William Ward Planner TO: Planning Commission - 6. Attachments: Exhibit "A" Exhibit "E" Vicinity Map Excerpt of the Planning Commission Minutes dated March 23, 1989 Excerpt of the City Council Minutes dated April 24, 1989 Front View Photograph Existing Parking Lot Layout on Northerly Side of Restaurant Applicant Submitted Plot Plan, Previously Approved Site Plan and Proposed Floor Plan TO: Planning Commission - 7. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3346 (AMENDED) Findines 1. That the proposed development is consistent with the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate parking exists to serve the subject restaurant. 4. That the design of the project or proposed improvements will not conflict with any easements acquired by the public at large or access through or use of property within the proposed development. 5. That public improvements may be required of the developer per Section 20.80.060 of the Municipal Code. 6. That the waiver of the development standards as they pertain to walls, landscaping, utilities, parking lot illumination, and a portion of the required parking spaces will not be detrimental to adjoining properties. 7. The approval of Use Permit No. 3346 (Amended) under the circumstances of this case will not 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 the subject project shall be in substantial conformance with the approved site plan and floor plan, except as noted below. 2. That all previous applicable conditions of approval of Use Permit No. 3346 as approved by the Planning Commission on March 23, 1989, shall be fulfilled. 3. 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, unless otherwise approved by the Building Department. 4. That all restaurant employees shall park their vehicles on -site. 5. That the piles of debris and the stored automobile shall be removed from the parking area located on the northerly side of the restaurant building so as to provide TO: Planning Commission - 8. 5 accessible parking spaces. 6. That the development standards as they pertain to walls, landscaping, utilities, parking lot illumination, and a portion of the required parking spaces shall be waived. 7, That the "net public area" of the expanded restaurant facility shall not exceed 687 sq.ft. 8. The applicant shall make all required alterations to that portion of the building used for restaurant purposes which may be determined to be necessary by the Building and Fire Departments. The applicant shall obtain a building permit for all such alterations. 9. In accordance with Section 20.87.090 of the Newport Beach Municipal Code, should the alterations and additions to the existing structure exceed the amount of $20,705.00 (or the automatic increase of the amount provided in the Municipal Code), the applicant shall record a lot line adjustment or a parcel map so as to eliminate the interior property line on which the existing restaurant building is currently constructed. 10, That all improvements be constructed as required by Ordinance and the Public Works Department. 11, That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 12. 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, 13. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. TO. Planning Commission - 9. EXHIBIT 'B" FINDINGS FOR DENIAL FOR USE PERMIT NO.3346 (AMENDED) Findin 1. That the expanded restaurant will require a greater amount of off-street parking and generate more traffic than the previous restaurant use. 2. That the subject property does not provide sufficient off-street parking for the proposed restaurant expansion. 3. That the establishment, maintenance or operation of the use or building applied for will, 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, and be detrimental or injurious to property and improvement in the neighborhood, and the general welfare of the City. VICNITftr OAP a.d r :OMIbNAf/ON Yw.R. �; •2 Y R-2 R'2 R-1 R-! R-f ['IfY Y A'lNAHf Q6ACN .f y�, ` a i W C`Z ♦ a .p� YAK !Q2 fAAj• rr y w� 7 a r�. � � ♦ E IN A. A P F �� ♦' MA A yA6 !/SO a •°^� .,,• A2 h APF � �y6 nefWl �_�f liavJ * F 2h M • Y f,1.A � iY y. (/SON1 dd0a i i � pS W E A PF ti� N l � •s APF•H x�rr/rAA f m` fif0 �r(!♦ t'tAFF APF H1'PI P C j 1� /t W W.NM (\\ uxe.wAar J.n•M Su. Min Fb 22•A RU DISTRICTING MAP NEW PORT BEACH - CALIFORNIA- Atom aarns� •�� M/A AR r rrR�♦MN wsw+♦♦rr AR7V[t /KMK PARRON[RUYIfM! aklT9 WLtIM1.t 111M[T M[OlathTlK .+R� fM'AMAaf,�,µ OOIOL[ fAWLY 11[OIIIEHTNL l1OHT COMM[110ML v.rr. ri.••...w.. • III OVOAL [OWMRCML OUJI.[% M[OIO[MTML rJ.''liLf 'dYsNrfrArAOMrfaal .AAl .An are. rNAe MUt.TIJI[ NMI.YK11%NIMAL ___ - MAMUFAOTOAON ♦ronlMdt !g l+Nr mYaYWC a ICTr UN7LAOMFRD d5� ARM IT N0. COMMISSIONERS MINUTES ROLL CALL March 23, 1989 CITY OF NEWPORT BEACH INDEX recomm to the City Council the revocation of this Use Permit, on a determination that the operation which is the bject of this Use Permit, causes injury, or is de ental to the health, safety, peace, morals, comfor or general welfare of the community. That this Use Permit shall expir nless exercised within 24 months from the date o pproval as specified in Section 20.80.090A of the Ne t Beach Municipal Code. Use Permit No 3346 (Public Hearin el Item No-6 Request to establish a restaurant with on -sale beer and UP3346 wine and live entertainment on property located in the C- includes a modification to Ap rpp oved 1 District. The proposal also the Zoning Code so as to allow the use of a compact parking space for a portion of the required off-street parking spaces. LOCATION: Lots 1, 2, and 3. Block 9, Tract No. 27, and Boulevard, an abandoned portion on Newport located at 485 North Newport Boulevard, between Orange Avenue and Bolas Avenue, adjacent to Newport Heights. ZONE: C-1 APPLICANT: Sid Soffer, Costa Mesa OWNER: Same as applicant Commissioner Winburn, William Laycock, Current Planning discussed for Manager, and Don Webb, City Engineer, clarification, the proposed 10 on site parking spaces plus 5 existing parking spaces that will be provided on the that property as opposed to the required 8'parking spaces November 11, were approved by the Planning Commission on Planning Commission approved Use Permit No. 1987, when the 3291. Mr. Laycock commented that line 5, page 4, of the staff 16 instead report should be corrected to read Condition No. of Condition No. 15. -15- �l COMMISSIONERS MINUTES x ROLL CALL March 23, 1989 CITY OF NEWPORT BEACH INDEX The public hearing was opened in srad beforewith the Planning and Mr. Sid Soffer, applicant, appe Commission. Mr. Soffer questioned how staff calculated the 5,282 square feet of the existing commercial buildings as stated in the staff report. Mr. iaycock explained that staff calculates the square foots&* from the plot plan that is submitted othe aApplicant- t thef fer stated that the plot plan is ntaccurteinh aadjacent building's size is consid*rably smaller, and the result affects the number of parking spaces. Commissioner Winburn referred to pae 3 of the staff report parking nonconformity of which thecommercial building current o be utilized for the restaurant facility is 3 parking spaces. Mr. Soffer discussed the omission of the storage building in the staff report that could affect the total number of required parking spaces. Robert Burnham, City Attorney, referred to the plot plans that war* submitted by the applicant, and he pointed out that the common property line between two lots owned by the applicant is not drawn consistently on the plans. He said that the applicant is proposing to provide to parking spaces for the restaurant use that is situated on a parcel that is distinct from the other commercial buildings on the site. Mr. Burnham stated that the building to be utilized by the restaurant's previous use required 5 parking spaces; however, the applicant provided only 2 parking spaces, and by giving credit for the nonconforming use, the applicant is entitled to a credit of 3 parking spaces. He concluded that the 13 parking spaces (i.e. 10 proposed parking spaces and a credit of 3 parking spaces) that the applicant will be providing is the required number for 520 square feet of "net public area" for a restaurant. Mr. soffer No. 7s in Exhibit "A" a with nd rAycock re pectto the deletion dofgon* compact parking space. Mr. Soffer addressed his concerns regarding the following conditions: Condition No. 11: "That no off -sale bear and wine shall be in ct restaurant'1 Mr. eSoffer dst ted that chis nprimary concerwith the n is that if the restaurant started a catering business that they would have the option to sell beer and win* to go. Commissioner Pers6n explained that the Planning Commission has previously denied sale boor and vine in with proposed restaurant uses in beach areas inasmuchconjunction as -16- MINUTES COMMISSIONERS G t" Np yi p Z I March 23, 1989 CITY OF NEWPORT BEACH ROLL CALL there has I to the be Condition I Condition improvemen prepared t Assessment condition Condition standards landscapir portion of Said waive Mr. Soffer him to unk at a later was inclui public imI be referr, commented as a cond: Condition removed s, provided: commented to only restauran Permit N existing drinking is approv Mr. Webb parking restripei inadequat of the p+ concurrec event tha caused b., Conditio, contain', storage object t )een a concern that the liquor would be carried :aches. Commissioner Pers6n concluded that Jo. 11 may not be required. No. 26: "That street, drainage and utility is be shown on standard improvement plans iy a licensed civil engineer at the time an District is formed." Mr. Webb stated that the could be deleted. No. t"That the restaurant of therelopment equired pertaining g to walls, a portion g, utilities, parking lot illumination and a the required parking spaces shall be waived. r does not include required public improvements." explained that the last sentence could require nowingly agree to an improvement that could occur date. Mr. Laycock explained that the condition led in Use Permit No. 3291, and that the required >rovements would include improvements that would ad to in the subject staff report. Mr. Burnham that there are no public improvements requested Ltion of approval. No. 28: "That the existing outdoor deck shall be that adequate vehicular maneuverability will be Eor Parking Spaces No. 11 through 15." Mr. Soffer that Mr. Burnham's previous statements referred :he restaurant and the parking adjacent to the t building. Mr. Soffer stated that the former Use D. 3291, Condition No. 28, states "That the outdoor deck shall not be used for dining or purposes unless an amendment to this use permit ed by the Planning Commission." Mr. Lay cock and explained that the plot plan shows that the area the restaurant needs to be l into 85j acent o parking spaces, and there is presently :e space to maneuver vehicles without the removal atio. Chairman Pomeroy suggested, and Mr. Soffer 1, that the condition be modified to state "in the X there is not adequate vehicular maneuverability r the deck, the deck shall be removed." i No. 29: "That the proposed metal storage rs shall be used exclusively for the related of the subject restaurant." Mr. Soffer did not o the condition. He addressed his concern that he -17- INDEX i3 COMMISSIONERS MINUTES , ROLL CALL March 23, 1989 CITY OF NEWPORT BEACH be given credit for the non-use of the 730 square foot restaurant storage building. Mr. Soffer stated for the record that he would Parent$* that automobiles associated with his property will not interfere with the adjoining property- Commissionar Pars6a commented that Condition No. 30 allows the Planning Commission to bring back the subject use permit for review if there would be any parking problems. Mr. Roger Schwsnk, 477 North Newport Boulevard, appeared before the Planning Commission to acknowledge Mr. SofforIx previous comments, and to state his support of the subject project. Commissioner Winburn suggested, and Mr. Soffer concurred, an addition to Condition No. 30 which states that "in the event that problems should arise due to the inadequate off- street parking, the Planning Commission may impose additional conditions such as a reduction in the permitted "net public area" of the facility or provision of additional off-street parking in a manner acceptable to the City." In response to a question posed by Commissioner Merrill, Mr. Soffer explained that the seating area at the bar is within the 520 square feet of "not public area". Mr. Laycock concurred with Commissioner Merrill that the plan submitted by the applicant is the final plot plan. Dr. Jan Vandersloot, 2221 - 16th Street, appeared before the Planning Commission. Dr. Vandersloot referred to Condition No. 11 regarding his concern of the off -sale beer And wine inasmuch as the subject property is adjacent to the proposed Costa Mesa Freaway. Dr. Vandersloot suggested that the condition be amended to state that no off -sale beer and wine shall be permitted in conjunction with the subject restaurant except for catering uses. Commissioner Pers6n replied that there are several establishments adjacent to the proposed Costa Mesa Freeway that would be selling take-out beer and wine. in reference to Condition No. 16 regarding the minimum number of on. site parking spaces, Dr. Vandereloot suggested that the applicant should provide at least 13 on -site parking spaces for the restaurant usa. -18- INDEX 14 MINUTES COMMISSIONERS ROLL CALL Motion March 23, 1989 CITY OF NEWPORT BEACH INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time - Motion was made to approve Use Permit No. 3346, subject to the findings and conditions in Exhibit "A", with the following modifications: delete Condition No. 11; Condition o s shall shallstate be providedminimum of he 0 subject parking spa restaurant"; delete Condition No. 26; add to Condition No. 28 "in the event insufficient on -site space exists to maneuver vehicles the removal of the outdoor deck may be required by the Public Works Department."; add to Condition No. 30 "In the event that problems should arise due to inadequate off-street parking, the Planning Commission may impose additional conditions such as a reduction in the permitted "net public area" of the restaurant facility or provision of additional off-street parking in a manner acceptable to the City." Commissioner Pers6n stated that he would support the motion. He clarified that 10 on -site parking spaces would be provided for the restaurant use plus 5 parking spaces 1 ted on a different area of the site, totalling 15 on- oca site parking spaces. Commissioner Di Sano suggested that Condition No. 1 be modified to state "that development shall be in substantial conformance with the approved plot plan 'as it was presented at the Planning Commission meeting as agreed by the applicant and the staff', and floor plan,...". Following discussion between the Planning Commission and staff regarding the last sentence in Condition No. 27 which states "said waiver does not include required public improvements", it was determined that the sentence could be deleted inasmuch as no public improvements have been requested by the City. Discussion ensued between the Planning Commission, Mr. coffer, and staff regarding Condition No. 28 with respect to the removal of the outdoor deck and the 5 parking spaces that could be developed if the deck were removed. Commissioner Pers6n stated that he had based his support of the motion on the fact that the applicant would be providing 10 new parking spaces and 5 parking spaces on the adjoining property. Mr. Burnham stated that the parking spaces that are adjacent to the massage parlor are off the -19- k5 'COMMISSIONERS MINUTES March 23, 1989 CITY OF NEWPORT BEACH INDEX ROLL CALL Nita from which the restaurant is located. He said that the applicant cannot do anything with the parking spaces on the adjacent property because then he would be increasing a nonconformity. He said that the changes that are being proposed on the restaurant site include an increase in the number of parking spaces to satisfy the parking demand of the restaurant itself. He said that if there is no increase in the nonconformity that currently exists with respect to the other commercial buildings on the site, he questioned if the two should be combined in the discussion. Mr. Burnham stated that the focus of discussion regarding the outdoor deck at the public hearing concerning Condition No. 28, Use Permit No. 3291, was whether the dock would be used for dining purposes. In reference to Condition No. 16 regarding on -sits parking spaces, Mr. Burnham stated that the condition concerns the parking spaces on the site of the restaurant. He suggested that Condition No. 16 state that a minimum of 10 on -site parking spaces shall be provided with no mention of the parking area on the north side of the restaurant. With respect to the outdoor deck, Mr. Burnham suggested that the Planning Commission consider only if the deck would be used for dining purposes. In response to a question posed by Commissioner Persdn, Mr. Soifer explained that the deck was constructed prior to his purchase of the subject property, and that it has remained for aesthetic purposes. Commissioner Persdn stated that the Planning Commission should be assured that there is onsite parking on the property regardless of whether it is directly the same parcel inasmuch so it is under the control of the same applicant. In response to Mr. Burnham's testimony, Commissioner Persdn stated that he would like to Nee 5 parking spaces provided on the adjoining property as they are shown on the plot plan da submitted by the applicant. Commissioner Persdn withdrew his previous objection to the motion. Chairman Pomeroy and Commissioner Di Sano addressed Use Permit No. 32911 Condition No. 28, regarding the outdoor dock am it pertains to no dining or drinking, and to the plot plan which shell dictate the number of on -Nita parking spaces. Commissioner Merrill commented that the plot plan does not show an outdoor deck. -20. MINUTES COMMISSIONERS Zm � �� �� 9 9 mSiL GZZZO�pZZ�Cp�Zp March 23, 1989 CITY OF NEWPORT BEACH ROLL CALL The make aforemen 28, as f be used f to this u He reque stated t existed to star substant applican Motion w r of the motion amended his motion to delete the tioned Condition No. 28, and to add Condition No. ollows: "That the existing outdoor deck shall not or dining or drinking purposes unless an amendment se permit is approved by the Planning Commission." sted that the record- show that Mr. Soffer has at he would correct a parking problem if one in the future, and that Condition No. 1 be modified e that the proposed development shall be in ial conformance with the plot plan providedby the t this date. a s voted on to approve Use Permit No. 3346, subject indings and conditions in Exhibit "A", including Condition No. 1, deletion of Condition No. 11, ndition No. 16, delete Condition No. 26, modify n No. 27, modify Condition No. 28, and modify n No. 30. MOTION CARRIED. at the proposed development is consistent with the nd Use Element of the General Plan and is mpatible with surrounding land uses. The project will not have any significant nvironmental impact. e That the waiver of the development of standards ras they rtain to walls, a portion andscaping, utilities, and parking lot illumination ill not be detrimental to adjoining properties. That the proposed development will lead to the pgrading of the existing rundown site. That the design of the proposed improvements will not onflict with any easements acquired by the public t large for access through or use of property within he proposed development. That adequate off-street parking will be provided in onjunction with the proposed restaurant. That the approval of a modification to the Zoning ode, so as to allow one compact parking space will nder the circumstances of the particular case, be etrimental to the health, safety, peace, comfort -21- INDEX \1 COMMISSIONERS MINUTES ROLL CALL March 23, 1989 CITY OF NEWPORT REACH INDEX and general welfare of persons residing or working int he neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general wel£srs of the City and further that the proposed modification is not consistent with the legislative intent of Title 20 of this Code, inasmuch as the City recently approved a universal parking standard, and there is adequate space to provide standard parking spaces on - site. The approval of Use Permit No. 3346, under the circumstances of this cars, will not 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, inasmuch as adequate conditions of approval are hereby adopted and, further, the Planning Commission will have the ability to add to or modify said conditions as necessary to eliminate detrimental effects. Twith the 1�1 at development rroved plot eplan substantial presanted atconformance the subject Planning Commission meeting and as agreed by the applicant and the staff, and floor plan, except as provided in the following conditions. 2. That the "net public area" of the facility shall not exceed 520 square feet. 3. That all employees shall be required to park on -site. 4. That the restaurant shall be open only between the hours of 7:00 a.m. and 2:00 a.m. daily. 5. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. No temporary "sandwich" signs shall be permitted to advertise the approved live entertainment or the restaurant facility. 6. int a suchwashout way asarea to allowrefuse direct drainage provided into the sewer system and not into the Say or storm drains, -22- • MINUTES e COMMISSIONERS GZt^,p Np 9� jfp Zp Zp,,,yts March 23, 1989 CITY OF NEWPORT BEACH ROLL CALL 7. 8. 9. 10. 11. 12. 13. 14. 15, unless otherwise approved by the Building Department and the Public Works Department. That all trash areas and mechanical equipment shall be screened from adjoining property and public streets. That a trash compactor shall be installed in the restaurant facility. That grease interceptors shall be installed in 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, unless otherwise approved by the Building Department and the Public Works Department. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department, and that said approval shall not unreasonably be withheld. Deleted. That the on -sale service of beer and wine shall be incidental to the primary food service operation of the restaurant. That live entertainment shall be limited to non - amplified music with one musician. The live entertainment shall be permitted only within the building, and all windows and doors (except when entering or leaving the facility) shall be closed during performances. The applicant shall obtain live entertainment permit and shall comply y conditions to this permit. That there shall be no amplified live entertainment or dancing unless the Planning Commission approves an amendment to this Use Permit. Recorded amplified music may be permitted if contained within the building. That the on -site parking, vehicular circulation and pedestrian circulation system shall be subject to further review by the City Traffic Engineer. Said parking shall generally conform to the approved -23- INK4:1 COMMISSIONERS I MINUTES , March 23, 1989 CITY OF NEWPORT BEACH INDEX ROLL CALL alternative parking plan unless otherwise approved by the City Traffic Engineer. 16. That a minimum of 10 on -site parking spaces shall be provided for the subject restaurant. 17. That one handicapped parking space shall be provided as required by Code, and that said handicapped parking space shall be designated solely for handicapped self parking and shall be identified by a handicapped sign on a post. 16. That no outdoor storage shall be permitted on the restaurant or related storage area and that the site shall be kept neat and clean at all times. 19. That a parcel map or lot line adjustment shall be submitted to the Planning Department prior to the issuance of a building permit, and that said document *ball be recorded prior to final inspection of the restaurant facility, unless the new construction or alterations does not exceed $5,000.00 in any one year period. 20. That all improvements be constructed as required by ordinance and the Public Works Department. 21. That landscaping shall be installed and (maintained on unpaved portions on -site, and that landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department, Public Works Department, and the Planning Department. Said landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 22. That the applicant agrees not to oppose assessment district procedures for the construction of curb, gutter, and sidewalk along his full frontage at the time at least So% of the block along the westerly side of Old Newport Boulevard be sidewalk, curb and gutter completed or commitments made to complete the improvements. 23. That the applicant shall provide lighting along the frontage of his property sufficient to illuminate the walkway area used by the restaurant patrons to -24 OQ I , MINUTES COMMISSIONERS ROLL CALL March 23, 1989 CITY OF NEWPORT BEACH INDEX proceed from their cars to the front entrance of the restaurant and return. ed 24. That the glare shallct spillage on adjacenttproperties. inate light and g All parking lot lighting shall be subject to the approval of the Planning Department. 25, That no outdoor sound or paging system shall be permitted. 26. Deleted. 27, That the a ortioneof the nrequir d landscaping, t standards pertaining to walls,, a P utilities, parking lot illumination and a portion of the required parking spaces shall be waived. 28. That the existing outdoordeckshall ant be amendment for dining or drinking Purposes by the Planning this use permit is approved Commission. rage be 29. That used texclusively forhe proposed althe orelat d containers L storages of ed the subject restaurant. 30. That the Planning Commission may add to or modify conditions of approval to this use permit, 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, uses injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. In the event that problems should arise due to inadequate off-street parking, ng Commission may impose additional conditions —such as a reduction in the permitted "net public area" of the restaurant facility theprovision acceptabledito-•nal the off-street parking in a City. cised withir 31 24is use m months from the shall date of approval easrspecified it Section 20.80.090A of the Newport Beach Municipal Code. -25- OL` ..ITY OF NEWPORT LACH MINUTE$ Motion All Ayes April 24, 1989 services in the area of counseling, job CDBO 189/90 assistance and placement, and other Program assistance as needed. She thanked the Council for their continued support and level of funding, particularly their empi yment program. Craig luell of the Planning Department, address d the Council and stated he was not sure hether the funds requested by the Assess nt and Treatment Services Center soul be used for the purpose of construction and indicated this item be deferred for rther review. He stated a balance of ap roximately $3,800 is still available or funding. Hearing no others �shing to address the Council, the public leaning was closed. Following discussion, kptiotl vas made to approve staff's reeomme anon for funding in the amount of 59.600, end adopted Resolution No. 89- 1, authorising the City Nanage to submit the Final Statement, all and ketandings and assurances contained there n, in order to apply for a HOD 1989- Community Development Block Oren to act as the official representativ of the City in connection with the submission, and to sign contracts wi h appropriate subagents to terry out programs in the approved budget, and further, to direct staff to allocate th remaining $3,800 between the two social services agencies who made 3. Mayor Strauss opened the public hearing U/P 3346 and City Council review o'FU�ERMIT (88) NO.333346, a request of SI_- DySOFFER, Coat& ee�a, ep round by the Piinnin Commies£on_on arc , ,..CR..,..,._ establish a restaurant with on -sale beer and wine ana-live en`ta6iinoene on property located at 485'Ndrth Nevpdtt' Boulevard, between Oran$* apd B`olai Avenues, adjacent to,Newport Heights, zoned C-1. The propossil also includes a modification to'the Z04Bg Code so as to allow the use of_a compact parking apace for eFpoitfon of the required off-street parking spaces. Report from the Planning Department. The City Manager stated that a similar application from Mr. Soffer came before the Council some months ago, wherein he Volume 43 - Page 152 �� CITY OF NEWPORT BEACH Motion All Ayes Motion All Ayes Motion All Ayes x x MINUTES April 24, 1989 was unable to meet code requirements with regard to parking. The plan has now been redesigned and on -site parking has been provided in accordance with code requirements; and therefore, the Planning Commission unanimously approved the request. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to sustain the decision of the Plann1nn& Commission and a rov Use Permit go. N—C.- Mayor Strauss opened the public hearing regarding WEED ABATEMENT PROGRAM. Recycled report from the Fire Department dated April 10, 1989. earing no one wishing to address the until, the public hearing was closed. Mo on was made to adopt Resolution No. 89- 8 ordering the Fire Chief to abate weed and other public nuisances exist ng upon streets, alleys, sidexa ks, parkways and private property within he City; and setting public hearing or July 24, 1989 to confirm E. PUBLIC COMS: None. F. CONSENT CAL The following action were taken as indicated, except for those items removed. 1. ORDINANCES FOR INT ODUCTION: Pass to second reads g on May 8, 1989 - (a) Removed from the onaent Calendar. (b) Removed from the C sent Calendar. Schedule for public heari on May 8, 1989 - (c) Removed from the Consen Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 89-29 autho�i zing the Utilities Director to bequest a Grant Award from the Depar ment Volume 43 - Page 153 Weed Abate- ment Prgrm (41) 89-28 Gas 19 yi _ .ar E i - d•- 5�avraw�' t f�o1►�ki►ec� 9XISTING PARKING LOT LAYOUT ON NO?TNERLY Sive of RESTAURANT •x,M1 �'�W.Y I,�a'vwi7... , � . To° Building Department; 'pp{P1 �1��[ ��J No Activity: "r` 1 In Plan Check:. :From:` Planning Department Active: Bldg Permit: - . Public Work's Notified: Hold on Buildirig''Permit Final Plan CheckerNotified-. Address 4 $ S 01ijN ,UtiP� Oar Check No. �-i — q S• - - _ Planning Department Comments PRIOR TO RELEASE Of Building Permit Final: - - Park Dedication Fee in the Amount of $ is DUE. Fairshare Fee in the Amount of $ is DUE, S.J.H.T.C. Fee in the Amount of $ is DUE. Coastal Commission -Approval of Resubdivision Must Be Obtained. [ ] Parcel Map Recordation: Resubdivision No.. Record date {� Use Permit Conditions of Approval: Use Permit No. 3 i;�Wr, Condition(s) No. 5ggjhnWe a- �+ Cti✓� d . -7 e 1�t •P,✓wvr'-k 10 (MIT c Asll [ ] After recordation of the map a building permit change must be processed with the Building and Planning Departments, PRIOR TO FINAL OF THE BUILDING PERMIT, to change the description of the permit to reflect condominium construction, the fee is nominal and payable at the time of the change. Proof of payment of the above mentioned fees may be required at that time if not collected at issuance of the original building or grading permits. [ ] Other: Units Demolished Units Built BY: ate Planning Dep' tment ^F CC ' - ✓Code'Enfoicement • Plan Checker F:\WP50\JAY\MEM\BP-HOLD.MEM rev 4-5-90