HomeMy WebLinkAbout2912-3000 W COAST HWY*NEW FILE*
2912=3000 W Coast Hwy
TO:
FROM:
SUBJECT:
Planning Commission Meeting July 23, 1992
Agenda Item No. 1
CITY OF NEWPORT BEACH
Planning Commission
Use permit No. 3229 (Amended) (Public Hearing)
Request to amend a previously approved use permit which peo9tted
the establishment of an automobile sales and service facility on
property located in the "Retail and Service Commercial" area of the
Mariner's Mile Specific Plan Area and which also exceeds the 26 foot
basic height limit in the 26/35 Foot Height Limitation District. Said
approval also included the establishment of a restaurant with on -sale
beer and wine within the automobile sales facility and the addition of
an outdoor seating area to the existing restaurant; a request to conduct
special charitable/promotional events; and a request to permit the
additional required parldng to be provided on an adjoining parcel
which is in the same ownership as the subject property. The proposed
amendment involves a request to allow said restaurant facility to
remain open on a 24 hours basis where the permitted hours of
operation are from 7:00 a.m. to 10:00 p.m. daily. Also included in the
application is a request to permit the establishment of an automobile
rental facility on the adjoining parcel from the automobile sales and
service facility, located in the "Retail and Service Commercial" area of
the Mariners Mile Specific Plan Area.
LOCATION: Restaurant Site: Parcel 1 of Parcel Map No. 87-106 (Resubdivision No.
840), located at 3000 West Coast Highway; Off -Site Parldng Site and
Car Rental Site: a portion of Lot F, Tract No. 919, located at 2922 -
2940 West Coast Highway; both sites being on the northerly side of
West Coast Highway between North Newport Boulevard and Riverside
Avenue, in Mariner's Mile.
ZONE:
APPLICANT -
OWNER: -
SP-5
Lee West, Newport Beach
Same as applicant ~
TO: Planning Commission - 2.
This application involves a request to' amend a previously approved use permit which
permitted the establishment of an automobile sales and service facility on property located
in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area and
which also exceeds the 26 foot basic height limit in the 26/35 Foot Height Limitation
District. Said approval also included the establishment of a restaurant with on -sale beer and
wine within the automobile sales facility and the addition of an outdoor seating area to the
existing restaurant; a request to conduct special charitable/promotional events; and a
request to permit the additional required parking to be provided on an adjoining parcel
which is in the same ownership as the subject property. The proposed amendment involves
a request to allow said restaurant facility to remain open on a 24 hours basis where the
permitted hours of operation are from 7:00 a.m. to 10:00 p.m. daily. Also included in the
application is a request to permit the establishment of an automobile rental facility on the
adjoining parcel from the automobile sales and service facility, located in the "Retail' and
Service Commercial" area of the Mariners Mile Specific Plan Area. In accordance with
Section 20.72.010 E of the Municipal Code, changes in the hours of operation past 12:30
a.m. for existing restaurants that are within 200 feet of a Residential Zone is a significant
change in operational characteristics which requires the approval of a use permit in each
case. In accordance with Section 20.62.050 of the Municipal Code, automobilerental
facilities are a permitted use within the "Retail and Service Commercial" area - of the
Mariner's Mile Specific Plan, subject to the securing 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).
SQject PropeM and Surrounding Land Uses
The subject property is currently the site of the Newport Imports automobile dealership with
a related service department and retail sales of automobile parts and accessories. In
addition, there is the Ruby's Jaguar Diner which occupies a portion of one of the buildings.
The subject property also includes a second parcel located southeasterly of the dealership
which contains a small commercial building which is used for offices in conjunction with an
existing automobile rental business and 84 off-street parking spaces. To the northeast,
across Avon Street, is the undeveloped slope area of Cliff Drive Park and the residential lots
which front on Cliff Drive; to the southeast is a retail commercial building; to the southwest,
.across West. Coast_Highway, is the John Dominis Restaurant. and=office complex -and She
Lancer's'Landing Commercial project; and to the northwest is the original Newport Imports
automobile sales and service facility.
i
TO: Planning Commission - 3.
Conformance with the General Ylan and
Local Coastal prograAm_ I and Use Pfau
The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan
designate the site for "Retail and Service Commercial" uses. The existing and proposed uses
contained within the project are permitted within this designation. The project is located
within the boundary of Mariner's Mile Specific Plan Area which permits a variable Floor
Area Ratio of .5/.75. In accordance with the FAR Ordinance, variable floor area ratios are
prorated according to type of use. In conjunction with the Planning Commission's last
consideration of Use Permit No. 3229 (Amended), it was determined that the weight
development of the combined auto dealership and restaurant use was 36,621± square feet
or .411 FAR. Therefore, the project does not exceed the base development allocation of
.5 FAR. It should be noted however, that said calculation did not include the above grade
covered parking spaces within the project.
In regards to the automobile rental facility, it will utilize an existing commercial building
located on a separate parcel from the automobile dealership and restaurant. Said building
contains 455± square feet and is located on a site containing 37,835± square feet. The
resulting FAR is .01 which substantially conforms to the base development allocation of .5
FAR.
At its meeting of January 22,1987, the Planning Commission approved Use Permit No. 3229
and related traffic study which permitted the construction of the existing automobile
dealership which exceeded the 26 foot basic height limit in the 26/35 Height Limitation
District, on the subject property located in the "Retail and Service Commercial" area of the
Mariner's Mile Specific Plan: Said action of the Planning Commission also included the
approval of Resubdivision No. 840 which involved the establishment of a single building site
where three parcels previously existed. The action of the Planning Commission was subject
to the findings and conditions of approval as set forth in the attached excerpts of the
Planning Commission minutes dated January 22, 1987.
Subsequent to the Planning Commission's approval, the City Council considered the above
applications at its meeting of February 23, 1987, and March 23, 1987. At that time, the
Council approved each of the applications, subject to the findings and modified conditions
set forth in the attached list of final findings and conditions of approval. Also attached, are
excerpts of the City Council minutes dated February 23, 1987, and March 23, 1987.
At its meeting of September 8,1988, the Planning Commission denied Use Permit No. 3229
(Amended) which involved the first request to convert the employees' cafeteria into a
restaiiraril`facility. 'Said- action also ihcluded-tlie-"denial-deof Traffic: Stddy No. 49-whidh "
included a request to override the requirements of the Traffic Phasing Ordinance.
TO: Planning Commission - 4.
At its meetings of October 10, 1988 and October 24, 1988, the City Council considered the
applicant's appeal of the Planning Commission's decision. On October 24, 1988, the City
Council sustained the action of the Planning Commission.
At its meeting of. September 7, 1989, the Planning Commission approved a second request
to convert the employees' cafeteria into a restaurant facility. Said action also included the
approval of Traffic Study No. 58. The action of the Planning Commission was taken with
the findings and subject to the conditions of approval as set forth in the attached excerpt of
the Planning Commission minutes dated September 7, 1989.
At its meeting of October 30, 1989, the City Council considered an appeal of the Planning
Commission's approval of Use Permit No. 3229. At that time, the Council sustained the
action of the Planning Commission and approved the application subject to the findings and
modified conditions set forth in the attached list of final findings and conditions of approval.
Also attached, is an excerpt of the City Council minutes dated October 30, 1989. In
accordance with Condition No. 33 of said approval, Use Permit No. 3229 (Amended) was
reviewed by the City Council on February 12, 1990 so as to insure that all conditions of
approval had been met. The City Council sustained their previous approval of Use Permit
No. 3229 (Amended) with the exception of the following revised wording for Condition No.
24:
24. That the applicant will execute an agreement to pay 25% of the cost of a
traffic signal at Riverside Avenue and Avon Street in case traffic signal
warrants are met within five (5) years after a Certificate of Occupancy is
issued for the development.
At its meeting of August 22,1991, the Planning Commission reviewed Use Permit No. 3229
(Amended) which involved a request to establish an outdoor seating area for the existing
restaurant, to allow a 24 hour restaurant operation and to allow ten to twelve special
charitable/promotional events on an annual basis. The Planning Commission approved the
outdoor seating area and the request to conduct special charitable/promotional events.
However, the request for a 24 hour operation of the restaurant was denied. 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 August
22, 1991.
PlQposed 24 Hour Operation of Existing Restaurant
-In- thaoval oUsPrto2hCcppif et N29'
(Amended), the operation of the restaurant is limited between the hours of 7:00 a.m ,.and
10:00 p.m. daily. However, the applicant is again requesting to establish a 24 hour
restaurant operation. Said request is again being made inasmuch as the applicant was out
of town when his previous request for a 24 hour operation was considered by the Planning
Commission. Therefore, he was not able to present his case in support of the proposal. It
TO: Planning Commission - 5.
is the applicant's opinion that a 24 hour restaurant is needed in the Mariner's Mile area
inasmuch as there is no place to get a good, early morning breakfast. In light of the
proposed 24 hour operation, the applicant also intends to restrict outdoor seating in the
patio area after 10:00 p.m. In addition, a security guard would be provided between 9:00
p.m. and 5:00 a.m. to insure a quiet operation of the restaurant, and exits from the facility
onto Avon Street would be blocked after 10:00 p.m. daily so that all traffic would only have
access to West Coast Highway. A letter from the applicant describing the requests is
attached for the Commission's review.
As indicated in the August 22, 1991 Planning Commission minutes, a majority of the
Planning Commissioners were opposed to the 24 hour operation of the restaurant. Said
opposition focused primarily on the potential impact on surrounding residential uses and
Cliff Drive Park. It is also noted that a 24 hour restaurant operation would be unique to
Newport Beach inasmuch as there are no other restaurants in the City that are permitted
to operate past 2:00 a.m. In 1988, the Planning Commission denied a request from Grace
Restaurant Company which involved a proposed 24 hour restaurant at 2305 East Coast
Highway, in Corona del Mar. A similar request for a 24 hour operation was also denied at
the last Planning Commission meeting which involved Lucy's Restaurant (formerly Ellis
Island Restaurant) at 353 East Coast Highway. In each of these cases, the primary concern
was the potential noise problems that might impact nearby residential uses. Should the
Planning Commission determine that a 24 hour operation is inappropriate, it may wish to
allow the restaurant to remain open until 2;00 a.m. inasmuch as there are several other
restaurants in Mariner's Mile that are permitted to operate until 2:00 am. Said restaurants
include Margaritaville at 2332 West Coast Highway; Tony Roma's at 2530 West Coast
Highway; The Arches at 3334 West Coast Highway; and Barbacoa at 3333 West Coast
Highway.
Proposed Automobile Rental Facility
Approximately 11 months ago, the applicant contacted the Planning Department with a
proposal to establish a car rental facility as part of the existing automobile dealership'. Said
use was to be located in the small commercial building on the adjoining parcel, located
southeasterly of the automobile dealership. Inasmuch as the property involved was on a
separate parcel from the automobile dealership, and the proposed car rental facility had not
been previously considered by the Planning Commission, staff indicated that such,a use
would require the approval of a use permit. However, due to time constraints, staff agreed
that to use the existing commercial building for offices only would be permitted, provided
that no rental vehicles were stored on the site. After meeting with the automobile rental
agency; they -agree&to:use ffie=building-for.,office, use: only. and thar they -would file--the-
appropriate use permit application so as to allow the future storage of automobiles on the
site (see the attached letter from Enterprise Rent -A Car/Leasing dated September 25,
1991). In November, 1991, staff became aware that automobiles were being illegally stored
on the site and Enterprise Rent-A-Car/Leasing was informed by mail to obtain the required
use permit. After further discussions with the car rental agency they again agreed not to
TO: Planning Commission - 6.
store rental vehicles on the site until a use permit was approved. However, in February
1992, staff observed rental cars being stored on the site again, and Enterprise Rent -A
Car/Leasing was again informed of the violation (see attached letter dated February 24,
1992). This same information was conveyed to the applicant by the Planning Director in
a telephone conversation on May 11, 1992 and in the attached follow-up letter dated May
13,1992. An amended use permit was subsequently filed by the applicant on June 18,1992.
The automobile rental offices occupy all of the 455± square foot commercial building on
the site. The facility is open from 7:30 a.m. to 6:00 p.m., Monday through Friday, and from
9:00 a.m. to 5:00 p.m. on weekends and has three full time employees and two part time
employees. According to information from Enterprise Rent-A-Car/Leasing, approximately
60 vehicles are rented out of the subject property. However, because the turnover is so
high, there will never be more than 6 vehicles stored on the site at any one time. There will
be no maintenance or repair activity conducted on the automobile rental site.
squired Off -Street Parking
The Municipal Code does not contain any specific parking requirement for automobile
leasing facilities. The Planning Commission has traditionally required the provision of
customer and employee parking at the same rate as would be required for general office
uses. However, in this particular case, the existing building is so small, the commercial
parking requirement of one parking space for each 250 square feet of floor area requires
only 2 parking spaces (455± sq.ft. = 250 sq.ft. = 1.82 or 2 spaces) which is insufficient for
the 5 employees and for customer parking spaces. For this reason, should the Planning
Commission wish to approve the continued operation of the car rental facility with on -site
storage of rental cars, staff suggests that a minimum of 7 parking spaces be required for
employees and customers and one spaces for each rental car stored on the site at any one
time.
Proposed Off -Street Parking
There are 84 parking.spaces located on the car rental site. However, 62 of those spaces are
required parking for the restaurant within the automobile dealership. Therefore, there are
22 parking spaces available for the automobile rental facility. Based on the suggested
parking requirement mentioned above, this would allow a maximum of 15 rental cars to be
stored on the site at any one time. The applicant has indicated that should any additional
automobile storage be needed, the parking structure within the dealership would be
available. Staff has no objections to the proposed parking arrangement provided that no
more tliad ^F5 rental• cars =arestordd-oa the -property �af tinny one time: ' __ - - ` ` .
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
TO: Planning Commission - 7.
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 as
proposed by the applicant, the findings and conditions set forth in the attached Exhibit "A"
are suggested. Should the Planning Commission wish to approve the application as
submitted with the exception that the restaurant be allowed to remain open only until 2:00
a.m. daily, the findings and conditions set forth in the attached Exhibit "B" are suggested.
Should the Planning Commission wish to approve Use Permit No. 3229 (Amended) but deny
any change in the hours of operation of the restaurant, Condition No. 2 in Exhibit "B"
should be amended as follows:
2. That the hours of operation of the restaurant shall be limited between the
hours of 7:00 a.m. and 10:00 p.m. daily.
Staff cannot reasonably conceive of findings for denial inasmuch the proposed commercial
use, in this particular case, conforms to the requirements of Title 20 of the Municipal Code,
does not appear to have any detrimental effect on the surrounding neighborhood, and is
similar to other automobile sales and rental facilities located on West Coast Highway.
However, should information be presented at the public hearing which would warrant the
denial of this application, the Planning Commission may wish to take such action. '
PLANNING DEPARTMENT
JAMEASy(N.G
D. �jHEWICKER, Director
'N By • 94aw- llf-rAn/
W. William Ward 442L
Senior Planner
Attachments: Exhibit "A"
Exhibit 'B"
Vicinity Map
Letter from applicant
Excerpt of the Planning Commission Minutes dated January 22, 1987
Excerpt of the City Council Minutes dated February 23,1987 and March 23,
1987
Excerpt of the Planning Commission Minutes dated September 7, 1980
Final Findings and Conditions for Use Permit No. 3229 (Amended) as
- - `approved By'llid City'Coiiricil oirOctober 30; 1989
Excerpt of the City Council Minutes dated October 30, 1989
Excerpt of the Planning Commission Minutes dated August 22, 1991
Letter from Enterprise Rent -A Car/Leasing dated September 25, 1991
Code Enforcement letter dated February•24, 1992
Letter from the Planning Director to the applicant dated May 13, 1992
Site Plan, Restaurant Floor Plan, Automobile Rental Floor Plan
TO: Planning Commission - 8.
EXHIBIT W
FINDINGS AND CONDITIONS OF APPROVAL FOR
USE PERMIT NO.3229 (AMENDED)
(Approves application as submitted)
Findines:
1. That the proposed use is consistent with the Land Use Element of the General P19,41
and the Local Coastal Program Land Use Plan, and is compatible with surrounding
land uses.
2. That adequate parking will exist on -site to serve the automobile rental facility.
3. That the establishment of the subject business will not have any significant
environmental impact.
4. That the approval of Use Permit No. 3229 (Amended) as submitted, 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 the development shall be in substantial conformance with the approved' plot
plan and floor plan, except as noted below.
2. That the restaurant shall be permitted to operate on a 24 hour basis provided that
no outdoor seating shall be permitted after 10:00 p.m..
3. That exits from the restaurant facility onto Avon Street shall be blocked after 10:00
p.m. daily so that access is only provided to West Coast Highway.
4. That employees shall park on -site at all times.
5. That 7 on -site parking spaces shall be maintained for customers and employees of
the automobile rental facility at all times.
6. that no more than' 1"5'rental veli eles sliffbe stored on tfie'automobile rental site
at any one time.
7. That no vehicles shall be displayed with open hoods, doors, trunks, or tailgates.
8. That no vehicles for rent shall be stored on West Coast Highway.
TO: Planning Commission - 9.
9. That no car washing or automobile repair shall be permitted on the site unless an
amendment to this use permit is. approved by the Planning Commission. However,
misting of vehicles shall be permitted.
10. That no windshield signs shall be permitted, and that all signs shall meet the
requirements of Chapter 20.06 of the Municipal Code.
11. That no banners, pennants, wind signs, moving signs, or flashing or animated
electrical signs shall be displayed.
12. That Coastal Commission approval shall be required.
13. That all previous applicable conditions of approval of Use Permit No. 3229 and
related amendments to said use permit, shall be fulfilled and shall remain in effect.
14. That the Planning Commission may add 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.
15. 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 - 10.
E)=IT °B°
FINDINGS AND CONDITIONS OF APPROVAL FOR
USE PERMIT NO. 3229 (AMENDED)
(Requires restaurant to close at 2:00 a.m.)
Findines:
1. That the proposed use is consistent with the Land Use Element of the General Plan
and the Local Coastal Program Land Use Plan, and is compatible with surrounding
land uses.
2. That adequate parking will exist on -site to serve the automobile rental facility.
3. That the establishment of the subject business will not have any significant
environmental impact.
4. That the restaurant facility open on a 24 hour basis would be detrimental to the
adjoining residential property and to Cliff Drive Park.
5. That the approval of Use Permit No. 3229 (Amended) relative to the establishment
of an automobile rental facility, 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.
6. That the approval of Use Permit No. 3229 (Amended) relative to the establishment
of a 24 hour restaurant operation, will, 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 the development shall be in substantial conformance with the approved plot
plan and floor plan, except as noted below.
2. That the hours of operation of the restaurant shall be limited between the hours of
7:00 a.m. and 2:00 a.m. daily. However, no outdoor seating shall be permitted after
10i00 pail. = : .
3. That exits from the restaurant facility onto Avon Street shall be blocked after 10:00
p.m. daily so that access is only provided to West Coast Highway.
4. That employees shall park on -site at all times.
r
- i
TO: Planning Commission - 11.
5. That 7 on -site parking spaces shall be maintained for customers and employees of
the automobile rental facility at all times.
6. That no more than 15 rental vehicles shall be stored on the automobile rental site
at any one time.
7. That no vehicles shall be displayed with open hoods, doors, trunks, or tailgates.
8. That no vehicles for rent shall be stored on West Coast Highway.
9. That no car washing or automobile repair shall be permitted on the site unless an
amendment to this use permit is approved by the Planning Commission. However,
misting of vehicles shall be permitted.
10. That no windshield signs shall be permitted, and that all signs shall meet the
requirements of Chapter 20.06 of the Municipal Code.
11. That no banners, pennants, wind signs, moving signs, or flashing or animated
electrical signs shall be displayed.
12. That Coastal Commission approval shall be required.
13. That all previous applicable conditions of approval of Use Permit No. 3229 and
related amendments to said use permit, shall be fulfilled and shall remain in effect.
14. That the Planning Commission may add 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.
15. 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.
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Applicant: Leland H. West
Phone: (714)722-4010
Mailing Address: 3000 West Coast Highway
Newport Beach, California 92663
Property Owner:. Leland H. West
Phone: (714)722-4010 M
Mailing Address: 3000 West Coast Highway
Newport Beach, California 92663
Address of Property Involved: 3000 West Coast Highway
Newport Beach, California 92663
Purpose of Application:
The purpose of this application is to amend a previously approved use permit.
The proposed amendment involves two requests; a request to establish an
automobile rental facility on an adjacent property and a request to allow the
restaurant to remain open an a 24 hour basis.
The automobile rental facility would operate a fleet of approximately 60 rental
vehicles. At any time, a total of six vehicles would be parked at the office sit( as
rental vehicles are displayed, delivered and returned. The remainder of the J "
rental vehicles would be parked within Newport Imports' sales and service
facility.
A total of three full time and two part time employees would operate the rental
facility whose hours of operation are proposed as 7:30 a.m. to 6:00 p.m.,
Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday and Sunday.
Newport Imports would request that a sign 2.5 ft by 17.5 ft be installed on the
existing facility so that the face of the sign is seen by traffic traveling south
bound on Pacific Coast Highway.
Additionally, the proposed amendment includes a request to allow the existing
restaurant to remain open on a 24 hour basis. The original hours of operation
are 7;00 a,m. to 10:00 p.m, daily. We would propose that outside seating not be
available past 10:00 p:m: and that's security'guafd would pafrol'the prerNses'on
a daily basis beginning at 9:00 p.m. and extending through 5:00 a.m. Exits from
the facility onto Avon Street would be blocked so that all traffic outside the
original hours of operation would be directed onto Pacific Coast Highway.
Zone: SP-5
Present Use: Automobile sales and service facility including a restaurant.
Legal Description of Property Involved:
Parcel 1 of Parcel Map No. 87-106 (Resubdivision No. 840), located at 3000
West Coast Highway. Off -Site Parking Site: A portion of Lot F, Tract No. 9%:
located at 2922-2940 West Coast Highway; both sites being on the northerly
side of West Coast Highway, between North Newport Boulevard and Riverside
Avenue, in Mariner's Mile.
�y
Plan Check No. /71 ` rZ,/ ;-& —n
COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS
�r
By: s, Associate Planner
na��m.•
Telephone (714) 644-3200
Date: IOI�� I� l Address:�ri
j
Corrections Required:
Legal Description. of 1 Block
Section Tract
Resubdivision required to combine lots or portions of lots when
construction or alterations are in excess of $5,000.
Lot Size
Zone a' 15
Proposed Use
Required SetbaccksAld-/ o to
Front
Rear
Right Side
Left Side
Structural Area:'
Buildable Area
Permitted Arear
Proposed Area
(1,Rg0 0 "--e i
Provide tissue overlay of calculations to verify provided square
footage.33nn,,_,�� "�"Y����'%^�
Require Parking 1 %31 t�ari�r &di!/�
ropos parking (Inlicate number of stalls provided) M
Total On -Site Pa king 3 3 gn Q � 1
Standard Compact ` J
In -lieu Parking
Dimension building height as measured from natural grade to
average and maximum roof height
Show natural grade line on all elevations .
Show all rooftop mechanical equipment and dimension from grade
directly below.
Indicate location of trash containers,on site plan.
Number of stories
Floor Plan fully dimensioned showing all room uses.
Plot Plan fully dimensioned showing location of all buildings,
Ao�te_fences, etc. in relation to the
2properrty line.. > // �
Fair Share Contribution ( • 0 `� ` ` ddla_- ` /
:! ve 4o Sao
San Joaquin Hills Transportation Corridor Fee
NA
(OVER)
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SPECIAL APPROVAL REQUIRED THROUGH:
Modifications Committee
/ Planning Commission:
✓ Use Permit '355, 1 CA'�
variance
Resubdivision - Tract
Site Plan Review
Amendment 5
Other - } A
Public Works:
Easement/Encroachment Permit
Curb Cut
Subdivision Engineer
Traffic Engineer
Approval of Landscape Plans
Building Department:
Grading Engineer
Parks Department:
Approval of Landscape Plans
9
Coastal Development Permits:
Approval in Concept
(Note: File 3 sets of plans: plot plan, floor plan, elevations).
Coastal Development Permit No.
Waiver/Exemption
NOT 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, p/1ea a cotact act me at (714)
644-3200. �.Qf�j%LG�.
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 '
VOLUNTARY ABANDONMENT AND RELINQUISHMENT
OF CONDITIONAL USE PERMIT
On August 22, 1991, the City of Newport Beach, California approved
issuance of Conditional Use Permit Number 3229 (A) for the operation of a
restaurant 3000 West Coast Highway in the City of Newport Beach. The
property is no longer used as a restaurant.
I voluntarily abandon and relinquish Conditional Use Permit Number
3229(A). I understand and agree that a new Conditiona Use Permit will be
necessary if a restaurant is to exist and operate at the remises at any time in
the future.
/�S `✓
Dated: dot � "��;)
Owner
draft\conduse2.doe
F Lw"'IVAV 0%
PLANNING DEPARTMENT
''!TY OF NEWPORT BEACH
AM OCT 2 41996 PM
7_ AII)111i12t1A314150
,4
3300 Newport Boulevard, Newport Beach
C
e,
CITY OF NEWPORT BEACH
P.O. BOX
PLAG DEPAARTMENT�91s
(714) 644-3200
October 21, 1996
Mr. and Mrs. Wayne Minor
c/o Agri -Empire
P.O. Box 490
San Jacinto, CA 92581
SUBJECT: 3000 West Coast Highway, Newport Beach
Dear Mr. and Mrs. Minor,
PLANNING DEPARTME►iY
CITY OF NEWPORT BEACH
AM OCT 2 41996 PM
7181MIll1IMA31415i6
i
I am in receipt of your request for the City of Newport Beach to terminate certain restrictions
placed on your property in association with the approval of a Conditional Use Permit for a
restaurant at 3000 West Coast Highway. In order to sign this agreement, the abandonment of the
Conditional Use Permit is required. The City has prepared and attached an abandonment form.
Please sign and return this document, so that we may execute your Notice of Termination of
Declarations.
If you have any questions, please call me at the above number.
Very truly yours,
Patricia L. Temple
Planning Director
3300 Newport Boulevard, Newport Beach
IL w
City Council Meeting October 30, 1989
TO:
FROM:
SUBJECT
Agenda Item No
CITY OF NEWPORT BEACH
City Council
Planning Department
A. Traffic Study No. 58
D-5
A request to accept a traffic study so as to permit the
conversion of an approved employees' cafeteria, with a
restaurant facility with on -sale beer and wine, which will
operate in conjunction with the existing Newport Imports
automobile dealership.
0
B. Use Permit No. 3229 (Amended)
A request to amend a previously approved use permit which
permitted the construction of an automobile dealership which
exceeded the 26 foot basic height limit in the 26/35 Height
Limitation District, on property located in the "Retail and
Service Commercial" area of the ,Mariner's Mile Specific Plan.
The proposed amendment includes a request to convert an
approved employees' cafeteria into a restaurant facility, with
on -sale beer and wine, which will operate in conjunction with
the auto dealership. The proposal also includes a request to
permit a portion of the required restaurant parking on an
adjoining parcel which is in the same ownership as the subject
property; and a request to delete or modify Condition of
Approval No. 13 of Use Permit No. 3229, so as to allow all
night security lighting at the rear of the building, adjacent
to Avon 'Street, whereas said lighting is currently required
to be turned off at 10:00 p.m.
LOCATION: Restaurant Site: Parcel 1 of Parcel Map no. 87-106 (Resub-
division No. 840), located at 3000 West Coast Highway; Off -
Site Parking Site: A portion of Lot F, Tract No. 919, located
at 2922 - 2940 West Coast Highway; both sites being on the
northerly side of West Coast Highway between North Newport
Boulevard and Riverside Avenue, in Mariner's Mile.
ZONE: SP-5
APPLICANT: Lee West, Newport Beach
OWNER: Same as Applicant
APPELLANT: Jan D. Vandersloot, M.D., Newport Beach
TO: City Council - 2.
Applications
These applications,involve a request to amend a previously approved use permit;
which permitted the construction of an automobile dealership which exceeded the',
26 foot basic height limit in the 26/35 Height Limitation District, on property
located in the "Retail and Service Commercial" area of the Mariner's Mile
Specific Plan. The proposed amendment includes a request to convert an approved
employees' cafeteria into a restaurant facility with on -sale beer and wine which
will operate in conjunction with the auto dealership. The proposal also includes
a request to permit a portion of the required restaurant parking on adjoining
parcels which are in, the same ownership as the restaurant site; the approval of
a traffic study; and a request to delete or modify Condition of Approval No. 13
of Use Permit No. 3229, so as to allow all night security lighting at the rear
of the building, adjacent to Avon Street, whereas said lighting is current
required to be turned off at 10:00 p.m. In accordance with Section 20.62.050
of the Municipal Code, restaurants are a permitted use in the "Retail and Service
Commercial" area of the Mariner's Mile Specific Plan, 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 and Traffic Study procedures are found in Chapter
15.40.
Suggested Action
Hold hearing; close hearing; if desired, sustain, modify or overrule the decision
of the Planning Commission.
Planning Commission Recommendation
At its meeting of September 7, 1989, the Planning Commission recommended the
approval (6 Ayes, 1 No) of Traffic Study No. 58 and Use Permit No. 3229 (Amended)
to convert an approved employees' cafeteria of an existing auto dealership into
a restaurant facility with on -sale beer and wine, with the Findings and subject
to the Conditions of Approval as indicated in the attached excerpt of the
Planning Commission minutes. It was the determination of a majority of the
Planning Commissioners that the project conformed with the requirements of the
General Plan and the Zoning Code, and that there were no Findings to deny the
applicant's request.•i"The approval also included Condition of Approval No. 32
on Use Permit No. 3229 (Amended) that nullifies the previous approval of Site
Plan Review No, 49, Vesting Resubdivision No. 876 and Traffic Study No. 48
(Revised) that permitted the construction of a retail -office building on the
adjoining property to the east. Said property is now being purchased by the
applicant as :an off -site parking lot for the restaurant use in the auto
dealership facility (see the attached addendum to the Planning Commission staff
report).
City Council Action and Subsequent Appeal
On September 25, 1989, the City Council reviewed this matter to consider
scheduling a public hearing regarding the action taken by the Planning
Commission. However, the Council voted not to schedule a public hearing on these
items. The appellant subsequently appealed the decision of the Planning
Commission to the City Council. The Planning Commission staff report, which
describes the details of the project, and an excerpt of the Planning Commission
minutes, are attached for Council review.
TO:
City Council - 3.
tr
e
Respectfully submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
by 149-04�- %l /a yr
WILLIAM R. LAYCOCK
Current Planning Manager
WRL/kk
TS58UP3229.1030
Attachments for City Council Only:
Planning Commission Staff Report dated 9/7/89, with attachments
Addendum to Planning Commission Staff Report dated 9/7/89, with attachments
Excerpt of the Planning Commission Minutes dated 9/7/89
Excerpt of the City Council Minutes dated 9/25/89
Site Plan and Auto Dealership Ground Floor Plan
Letters of Opposition
Letter from City Attorney to Newport Heights Residents dated 9/19/89
TO:
FROM:
SUBJECT:
Planning Commission Meeting
Agenda Item No.
CITY OF NEWPORT BEACH
Planning Commission
Planning Department
A Traffic Study No 58 (Continued Public Hearine)
Request to accept a traffic study so as to permit the conversion of
an approved employees' cafeteria with a restaurant facility with on -
sale beer and wine which will operate in conjunction with the
existing Newport Imports Automobile dealership.
/:WIi1
A request to amend a previously approved use permit which
permitted the construction of an automobile dealership which
exceeded the 26 foot basic height limit in the 26/35 Height
Limitation District, on property located in the "Retail and Service
Commercial" area of the Mariner's Mile Specific Plan. The
proposed amendment includes a request to convert an approved
employees' cafeteria into a restaurant facility with on -sale beer and
wine which will operate in conjunction with the auto dealership.
The proposal also includes: a request to permit a portion of the'
required restaurant parking on an adjoining parcel which is in the
same ownership as the subject property; and a request to delete or
modify Condition of Approval No. 13 of Use Permit No. 3229, so
as to allow all night security lighting at the rear of the building,
adjacent to Avon Street, whereas said lighting is currently required
to be turned off at 10:00 p.m.
LOCATION: Restaurant Site: Parcel 1 of Parcel Map No. 87-106 (Resubdivision
No. 840), located at 3000 West Coast Highway; Off -Site Parking
Site: a portion of Lot F, Tract No. 919, located at 2922 - 2940 West
Coast Highway; both sites being on the northerly side of West Coast
Highway between North Newport Boulevard and Riverside Avenue,
in Mariner's Mile.
ZONE: SP-5
APPLICANT: Lee West, Newport Beach
OWNER: Same as applicant
TO: Planning Commission -2.
APlions involve a request to amend a previously approved use pest which
These applications
permitted the construction of an automobile dealership on fexceeded
d in the°"Rettail
height limit in the 26/35 Height Limitation District, property •is Theproposed-
and
Service Commercial" area of the Mariner'sP ovedpe employees' cafetea ito a
amendment includes a request to convert an a P erate in conjunction with the
restaurant facility with on -sale beer and wine which will oP permit a portion of the
auto dealership. The proposal also includes:
ce: which are in thst to e same ownership as the
required restaurant parking °n adlol P and a request to delete or modify
29 so as approval of a traffic study; q night security
restaurant site; the app _
Condition of Approval No. 13 of Use aP Permit
No Avon Street, whereas said lighting is
lighting at the rear of the building, J m. In accordance with Section 20.62.050
currently required to be turned off at 10: a p.
of the Municipal Code, restaurants are a permitted use in the "Retail and Service
Commercial" area of the Mariner's Milo eaures et forthinin Chapterect to the approval
of the
permit in each case. Use studyperprocedures are found in chapter 15.40.
Municipal Code and traffic study P
�' •-Ol ,ii nfat S1QTIlr'iC?nC@ ,
ed that it is
This project
m the requirementseOf the California Environmand it has been ental (ivality Act under Classy
exempt from
1 (Existing Facilities).
e ,nnr Proo.rty and 4„^n„ndine 1�7
The subject property is currently the site of the new Newpor
t Imports automobile
dealership with a related service department and retail sales of automobile parts and
is the e area of Cliff
accessories.
and the residrential lots which fronacross Avon t on Cliff Driveeto the east the original
Drive and a retail facility which specializes in
China palace Restaurant (now vacant) secLuity equipment; to the south, across
automobile and boast stereos, el, Dominines c Restauranand office complex and the
West Coast High y, Newport Imports
Lancer's Landing Office project; and to the west is the original
automobile sales and service facility.
i nnro an
•«H rhP general Plan and
-• _-_--� v..•••*am. T and Use Plan
The Land Use Element of the General Plan and the Local Coastal Program Land Use
and Service Commercial" uses.
Plan designate the site for "Retail The subject restaurant
is aof Mariner's Mile Specific thisignation-which perrmiTile ts a vaect is riableFloor. Area Ratio within the of
.5/35. in accordance with the recently adopted FAR Ordinance, vaable floor area
TO: Planning Commission -3.
ratios are prorated according to type of use. The base development allocation (0.5 in
this case) shall not be exceeded by the sum of the weighted square footage of each use.
The weighted square footage is determined by multiplying the gross floor area of a
given use by the weighted factors indicated below.
Weighted
Use Category Square Footage Weighing Factor Development
Base FAR use which is 29,180 sq.ft x 1.0 = 29,180 sq.ft.
the gross floor area devoted
to the auto dealership
excluding the area devoted
to the subject restaurant, and
covered parking
Reduced FAR use which is the 3,268 sgft. x 1.67 = 5,457 sq.ft.
gross floor area devoted to the
restaurant use.
Total Weighted Development 34,637 sq.ft.
Weighted FAR 0.389
As shown in the above table, the total weighted development (0.389 FAR) does • not
exceed the base development allocation of 0.5 FAR; therefore, the proposed project is
consistent with the development limitations as established in the Newport Beach General
Plan.
Inasmuch as .the subject property is located in the Coastal Zone, a Coastal Permit will
be required prior to the subject use permit being effective.
At its meeting of January 22, 1987, the Planning Commission approved Use Permit No.
3229 and related traffic study which permitted the construction of an automobile
dealership which exceeded the 26 foot basic height limit in the 26/35 Height Limitation
District, on property located in the 'Retail and Service Commercial" area of the
Mariner's Mile Specific Plan. Said action of the Planning Commission also included the
approval of Resubdivision No. 840 which involved the establishment of a single building
site where three parcels previously existed. The action of the Planning Commission was
subject to the findings and conditions of approval as set forth in the attached excerpts
of the Planning Commission minutes dated January 22, 1987.
Subsequent to the Planning Commission's approval, the City Council considered the
above applications at its meeting of February 23, 1987, and March 23, 1987. At that
time the Council approved each of the applications subject to the findings and modified
conditions set forth in the attached list of final findings and conditions of approval.
Also attached, are excerpts of the City Council minutes dated February 23, 1987, -and
March 23, 1987.
R1
TO: Planning Commission -4.
planning Commission
NO
At its meeting of September 8, 1988, the convert
denied Use Permit cafeteria
3229 (Amended) which involved d action also includto ed the denial of Traffic Study No. 49
into a restaurant facility
which also included a request to override requirements enf the Traffic Phasing
with the findings set
Ordinance. The action of the fPlanningthe ig ���On mutes dated September 8,
forth in the attached excerpt
1988. Council considered .
At its meetings of October 109 1988 CO scion ber 4, 191 ion On �8 the October 24, 1988, the
the applicant's appeal of the Planning Commission'Attached for the
City Council sustained the action of the Planning City Council minutes for October
planning Commission's information are excerpts of the�� supportive of the City
10, 1988 and October 249 1988; the latter including
Council's action. 1.
AU use permit application included a
As discussed in the previous sections, the original with related offices and
request to construct a new automobileandccessson� d in a dition, th applicant has improved
retail sates of automobile parts cafeteria" which he has recently
portions of the building for a related "employees!royal of the Planning
converted to a public restaurant without the required app notified the
al
CO Mission. having become aware of the thagh wasein violation orsion, the f the Newport
applicant on May 8, 1989; (letter attached),
Beach Municipal Code and that the operation of the restaurant was subject vi the
applicant is now proposing to amend the previously
aurant With on -
approval of a use perr The appa full service rest,
approved use permit so as to allow the operation of identified as an emPlOyeee
sale beer and wine, in that portion of the building Previously
cafeteria.
fans, the proposed restaurant will occupy approximately 39300±
Based on the attached p approximately 1,290±
gross square feet of the automobile dealership and will open 7;00 am- to 9:00
Pm. any and "netthere will be approximately
ximatelyt 16 employeesurant on duty during peak hours of
operation.
nw c•r..t Parkin¢
in accordance with the original Use Permit No. 3229the off-street parking requirement
,
for the automobile dealership and related activities was established at 98 parking spaces.
Said requirement was based on one parking space for each employee on duty during
peak hours of operation, plus one parking
space for each 250 sgft of floor area'in the
Office and showroom areas• space for each 40
Based on the current restaurant parking requirement of one parking p
square feet of "net public area," the proposed restaurant will require 33 parking spaces
11
TO. Planning Commission -5.
(1,290 sq.ft./40 sgft. = 32.25 or 33 spaces). The Planning Commission, pursuant to
Section 20.30.035 B(4) of the Municipal Code, may also increase or decrease the
parking requirement of a restaurant within a range of one parldng space for each 30
square feet of "net public area" (43 parking spaces) and one parking space for each 50
square feet of "net public area" (26 parking spaces), depending on the operational
characteristics of the restaurant. Staff is of the opinion that a standard of one parking
space for each 40 square feet of "net public area" would be appropriate in this case.
Based on such a requirement, the combined off-street parking requirement for the
proposed restaurant and the automobile dealership will be 131 parking spaces.
There are 191 existing on -site parking spaces provided in conjunction with the
automobile dealership. The following table indicates the location and number of the
existing parking spaces within the project:
Ground Floor Parking for Customers: 16 spaces
Front Parking Area:
Service Area: 8 spaces
Handicapped Spaces in Display Area: 2 spaces
Total 26 spaces
Second Level New Car Display Area: 23 spaces
Third Level Service Parking:
Area No. 1 (West Side of Bldg.) 87 spaces
Area No. 2 (East Side of Bldg.) 55 spaces
Grand Total 191 spaces
Note: 4 of the 191 spaces are for handicapped parking.
It should be further noted that due to the design of the access ramps to the second and
third levels of the parking structure, the City Traffic Engineer has indicated that the
parking spaces located on the second and third level of the parking structure are not
available to customers of the automobile dealership. Therefore, the only parking spaces
available to the customers of the automobile dealership are the 26 ground floor parking
spaces, in the locations noted above. It should be further noted that there is a stacking
area at the entrance of the servicearea which will accommodate 8 to 10 additional
�M
TO: Planning Commission -6.
parking spaces for service customers only; however these parking spaces have not been
included in the above parking tabulations.
Flne T@W1K#W7TM
In addition to the existing on -site parking spaces, the applicant has recently purchased
the two adjoining properties which are currently the site of the original China Palace
Restaurant and Alpha Electronics. The applicant intends to demolish the China Palace
Restaurant building and clear the undeveloped portion of the Alpha Electronics site, in
order to construct 86 additional parking spaces as shown on the attached site plan. Said
parking area will have direct access from West Coast Highway and Avon Street, as well
as access from the. existing parking area in front of the automobile dealership. The
applicant intends to use 33 of the proposed parking spaces in order to satisfy the parking
requirement for the proposed restaurant. It should also be' noted that because the
proposed parking spaces are located on separate parcels from the restaurant site,'it will
be necessary for the applicant to record a covenant against the properties agreeing to
hold said parcels in the same ownership as the restaurant site.
In accordance with the City's Traffic Phasing Ordinance, the applicant is required to
obtain the approval of a traffic study for the establishment of the subject restaurant.
Said traffic study has been prepared and is attached for the Planning Commission's
review.
Inasmuch as the project is operational in 1989, analyses were therefore completed for
1990. The City Traffic Engineer has identified five (5) intersections which could be
affected by the project at full occupancy.
Newport Boulevard and Hospital Road
Newport Boulevard and Via Lido
West Coast Highway and Riverside Avenue
West Coast Highway and Tustin Avenue
West Coast Highway and Dover Drive/Bayshore Drive
The first step in evaluating intersections is to conduct a 1% Traffic Volume Analysis,
taldng into consideration existing traffic, regional growth and the traffic of previously
committed projects. For any intersection where, on any approach leg, the project traffic
is estimated to be greater than 1% of the projected morning and afternoon peak two and
one-half hour volume, Intersection Capacity Utilization (ICU) is required.
The results of the one percent test indicate that the project traffic exceeds 196' at the
intersection of Riverside Avenue and West Coast Highway during the A.M. and P.M.
peak periods. Therefore, an Intersection Capacity Utilization (ICU) analysis ' was
performed for this intersection which indicates that the additional project related traffic
I
TO: Planning Commission -7. VAL
IL r,6*
results in no change in the A.M. and P.M. ICU. Therefore, no further analysis is
required. A copy of the Traffic Study is attached for the Planning Commission's
information.
Pa , - ----- an' ^irculation From West (bast Highway
As shown on the attached parking plan, the applicant has provided direct on -site access
between the auto dealership property and the off -site parking areas. Such a design will
allow easy movement of vehicles between the properties without having to enter West
Coast Highway. West Coast Highway is designated a Major Arterial (6 lane divided) in
the City's Master Plan of Streets and Highways. The existing roadway has five lanes in
the vicinity of this development. Widening of West Coast Highway will occur on the
northerly side of the roadway. To provide room for the additional lane of traffic as well
as a second left turn lane at Riverside Avenue and West Coast Highway, a strip of right-
of-way is required that varies in width from 15.4 feet at the westerly side of the new
expanded parlang area to approximately 16 feet at the easterly side of the parking area.
Section 13.05.010 of the Municipal Code requires that dedications be made to provide
the right-of-way necessary to construct Master Plan streets when a building permit is
issued for work on a parcel adjacent to the Master Plan Street. The plan submitted by
the applicant for the expansion of the parking area provides for this dedication. The
applicant also dedicated the necessary right-of-way across the frontage of the new Jaguar
dealership when it was constructed. Th6 restaurant use will increase traffic in and out
of the site and contribute to the need for widening West Coast Highway.
The existing building at the south easterly corner of the site will remain in use. A
portion of this building is in the dedication area. The dedication condition provides for
this building to remain in place until the road is widened. If the building is still in place
when West Coast Highway is widened, the public agency doing the widening will provide
for removing the portion of the building in the right-of-way.
The plans for the expanded parking area provide for the drive entrance to be widened
and reconstructed. The new drive will allow for vehicles to make right turns into and
out of the site. Left turns will be prohibited because the drive 'is too close to Riverside
Avenue and the left turn moves would conflict, with the highway left turn lane. To
insure that patrons of the site do not make left turns from the new drive, the existing
median island will need to be extended approximately 35 feet westerly.
Based on the description of the restaurant, it is anticipated that part of the clientele will
walk to the site. To improve pedestrian access to the site, a sidewalk of similar width
to the one constructed in front of the Jaguar dealership is recommended.
to
�0 TO: Planning Commission
Recta»rant Development S andarde
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, landscaping, exterior
illumination, signing, underground utilities, 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,
and parking lot illumination, should be waived if the Planning Commission approves this
application because of the existing developed nature of the site. It should .be further
noted that the Public Works Department is recommending that the existing overhead
utility service on the off -site parking areas -be placed underground and *the existing poles
removed from the site.
Reeouected See^dV Ti h = .,
In accordance with Condition of Approval No. 13 of the original Use Permit No. 3229,
illumination of automobile display areas is to be maintained in such a manner so as to
eliminate direct light and glare on adjoining properties on Avon Street and West Coast
Highway. Said condition also required all lights facing toward the bluff at the rear of
the site, to be turned off by a timer at 10:00 p.m. each night. Since the automobileon the,
dealership opened, there have been five security lights operating p p.m.for
rear of the building adjacent to Avon Street. Said lighting was installed specifically
security purposes and it is the applicant's desire to have the lights on all night for that
purpose. It should also be noted that staff has received no complaints from the
property owners on the bluff side of Cliff Drive concerning the subject security lights.
It is staffs opinion that security lighting acts as a deterrent to vandalism and illegal
dumping that has occurred in the past along this secluded portion of Avon Street. Staff
has no objections to the applicant's request to keep the security lights on all night,
provided the lights are operated in a manner so as not to be objectional to the property
owners on the bluff side of Cliff Drive.
becific Findim
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
k,
TO: Planning Commission -9.
general welfare of the City. Should the Planning Commission wish to approve the;
applications the findings and conditions contained in the attached Exhibit "A" aiv
suggested. Staff has not included an exhibit for denial inasmuch as the subject project
conforms with the requirements of the General Plan and Zoning Code. However, there
may be additional information presented at the public hearing which may provide
grounds for denial of the use permit.
ri is t u Wa fi.
Senior
Attachments: Exhibit "A"
Vicinity Map
Excerpt of the Planning Commission Minutes
dated January 22, 1987
Excerpts of the City Council Minutes
dated February 23, 1987 and March 23, 1987
City Council Final Findings and Conditions for
Use Permit No. 3229
Excerpts of the Planning Commission Minutes
of September 8, 1988 for Use Permit No. 3229 (Amended)
Excerpts of the City Council Minutes of
October 10, 1988 and October 24, 1988 for
Use Permit 3229 (Amended)
Letter of Violation
Traffic Study
Restaurant Floor Plan
Site Plan and Auto Dealership Ground Floor Plan
r2--
TO: planning Commission -10.
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
TRAFFIC STUDY NO. 58,
USE PERMIT NO. 3229 (AMENDED)
September 7, 1989
A. Traffic Study No. 58: Approve the Traffic Study, making the findings
listed below:
1. That a Traffic Study has been prepared which analyzes the
impact of the proposed project on the circulation system in
accordance with Chapter 15.40 of the Newport Beach
Municipal Code add Council Policy S-1.
. , ..
2. That the Traffic Study indicates that the project -generated
traffic will neither cause nor make worse an unsatisfactory
level of traffic on any 'major', 'primary -modified', or 'primary'
street.
B. use Permit No 3229 m nd dl: Approve the use permit, making
the following findings and with the following conditions:
Findings
1. That the proposed development is consistent with the General
Plan and the Local Coastal Program, Land Use 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. The off -site parking areas are located so as to be useful to
the proposed restaurant use.
5. Parking on such off -site parking areas will not create undue
traffic hazards in the surrounding area.
6. That the restaurant site and the off -site parking areas are in
the same ownership.
(3
TO: Planning Commission -11.
7
That the requested security lighting adjacent to Avon Stre
will be operated so as not be objectional to residents
properties on Cliff Drive and from the public view park
the same street.
c on Avon
which
8. That
may re result in thecte need t provide aect increases traffic signal in thetfuture.
9. The waiver of development standards as they pertain to walls
and parking lot illumination will not be detrimental to the
adjoining properties.
10. The approval of Use Permit No. 3229 (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.
CQtMM :
1. That the subject the approved site plan and restaurant floor plan.ect shall be in substantial ance
with
2, That all previous applicable conditions of approval of Use
Permit No. 3229 shall be fulfilled and shall remain in effect.
3. That all mechanical equipment and trash areas shall be
screened from view.
4. Tbat kitchen exhaust fans shall be designed to control odor
and smoke to the satisfaction of the Building Department.
$, That a washout area for refuse containers be provided in such
a way as to allow direct drainage into the sewer system and
not into the Bay or storm drains, unless otherwise approved
by the Building Department.
6, 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.
II
TO: Planning Commission -12.
7. That all restaurant employees shall park their vehicles in the
off -site parking areas.
8. That a minimum of one parking space shall be provided for
each 40 sgft. of "net public area" (33 spaces) in the proposed
restaurant facility.
9. That the hours of operation of the restaurant use shall be
limited to 7:00 am. to 10:00 p.m. daily.
10. That a trash compactor shall be installed in the restaurant
facility.
11. That no live entertainment or dancing shall be permitted
unless an amendment to this use permit is approved by the
Planning Comnission.
12. That the service of alcoholic beverages shall be incidental to
the primary food service operation.
13. That all signs shall conform with Chapter 20.06 of the
Newport Beach Municipal Code unless a sign exception is
approved.
14. The applicant shall record a covenant, guaranteeing that the
subject parcels used for off -site parking for the restaurant shall
remain in the same ownership as the property on which the
restaurant is located.
15. That the required number of handicapped parking spaces shall
be designated within the off -site parking area and shall be
used solely for handicapped self parking. One handicapped
sign on a post and one handicapped sign on the pavement
shall be required for each handicapped space.
16. That the on -site vehicular and pedestrian circulation system
be subject to further review by the Public Works Department
and the City Traffic Engineer.
17. That prior to the issuance of any building permits or
implementation of this Use Permit, the applicant shall dedicate
to the City for street and highway purposes, the applicant's
interest in the strip of land (varies in width between 15.4 feet
and 16 feet) adjacent to West Coast Highway and across the
West Coast Highway frontage. The strip is to be used in the
TO: Planning Commission -13.
future for the widening of West Coast Highway. That portion
of the existing structure at the southeasterly corner of the
property that is in the dedication area may remain until West
Coast Highway is widened. The public agency doing the
roadway widening will perform the modifications to remove
interfering portions.
18. That all improvements be constructed as required by
Ordinance and the Public Works Department.
19. That a 'standard Subdivision Agreement and accompanying
surety be provided in order to guarantee satisfactory
completion of the public improvements if it is desired to
obtain a building permit prior to completion of the public
improvements.
20. That the intersection of Avon Street and the driveway shall
be designed to provide sight distance for a speed of 25 miles
per hour. Landscaping, walls and other obstructions shall be
considered in the sight distance requirements. Landscaping
within the sight line shall not exceed twenty-four inches in
height. The sight distance requirement may be modified at
' non -critical locations, subject to approval of the Traffic
Engineer.
21. That the existing median island in West Coast Highway shall
be extended 35 feet westerly and that vehicular access to West
Coast Highway be limited to right turn in and out and signs
be posted to indicated this restriction.
22. That the sidewalk be reconstructed to a 12 foot width and the
existing drive depression be removed and replaced by a drive
conforming to City Standard 166-L along the West Coast
Highway frontage under an encroachment permit issued by the
California Department of Transportation.
23. That a landscape and irrigation plan for the site shall be
approved by the Public Works,. Planning, and Parks, Beaches
and Recreation Departments. The landscaping shall be
installed in accordance with the prepared plans.
24. That 25 percent of the cost of a traffic signal at Riverside
Avenue and Avon Street be bonded for in case traffic signal
warrants are met within 5 years after a certificate of occupancy
is issued for the development.
J
TO: Planning Commission -14.
25. That site drainage flowing toward West Coast Highway be
collected in a drain and conveyed to the existing storm drain
in the highway.
26. That the development standards pertaining to walls and
parking lot illumination are hereby waived.
27. , That the overhead utility lines serving the off -site parking
areas shall be placed underground and the poles removed.
28. 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.
29. That the applicant shall obtain the approval of the Coastal
Commission prior to the issuance of any building permits or
opening of the restaurant.
30. That Condition No. 13 of Use Permit No. 3229, approved by
the City Council on March 23, 1987, is amended to read as
follows:
"That the illumination of automobile display
areas shall be maintained in such a manner so
as to eliminate direct light and glare on
adjoining properties northerly of Avon Street
and on West Coast Highway. All lighting facing
toward the bluff at the rear of the site, except
for approved security lighting, shall be turned
off by a timer at 10:00 p.m. each night. The
five existing security lights at the rear of the
building, shall be maintained and operated in a
manner so as not to be objectional to the
adjoining residential properties on the bluff side
of Cliff Drive:'
31. 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.
11
ISSIONERS
September 7, 1989
CALL
Motion
Ayes
Absent
CITY OF NEWPORT BEACH
Laycock, Current Planning Manager, stated that staff has
re ested that this item be continued to the October 5, 1989,
Pl Commission meeting so as to allow staff time to meet
with a applicant to resolve issues which have arisen. in
conjun n with the proposed application.
Motion was a and voted on to continue Modification
3576 to We ctober 5, 1989, Planning Comu►issmeeting.
MOTION D.
s s s
Request to amend a p viousty
permitted the service of be and
existing restaurant in the -0-e
amendment involves a request t e:
the restaurant by enclosing an e
proposal also includes a request
required off-street parking spaces.
LOCATION:
ZONE:
APPLICANT:
OWNER:
approved use permit that'
wine in conjunction with an
; District. The proposed
:nand the "net public area" of
ing covered patio entry. The
,Nko waive a portion of the
Parcel No. 1 of Pb(c
(Resubdivision No.179
Coast Highway, on the
East Coast Highway be
Heliotrope Avenue, in
C-)-Z
1 Map 6939-90, 91
located at 2931 East
uthwesterly side of
He n Ins avenue and
Cor a del Mar.
Ardeshir Bahar, Architect,
J. Ray Property, Management, Irvine
William Laycock, Current Planning Manager, stated that
applicant has requested that this time he removed from calet
Request to accept a traffic study so as to permit the conversion
of an approved employees' cafeteria in the Newport Imports
Automobile dealership to a restaurant 'facility.
-11-
Item No.4
UP3009A
Removed
from
Calendar
COMMISSIONER$
I
September 7, 1989
CITY OF NEWPORT BEACH
ROLL CALL
EkB.
Use Pe it No. 229 m nd )(Continued Public Hearig)
229A
rM3
A request to amend a previously approved use permit which
Approved
permitted the construction of an automobile dealership which
exceeded the 26 foot basic height limit in the 26/35 Height
Limitation District, on property Iocated in the 'Retail and
Service Commercial" area of the Mariner's Mile Specific Plan.
The proposed amendment includes a request to convert an
approved employees' cafeteria into a restaurant facility with on -
sale beer and wine which will operate in' conjunction with the
auto dealership. The proposal also includes: a request to -
permit a portion of the required restaurant parking on an
adjoining parcel which is in the same ownership as the subject
property; and a request to delete or modify Condition of
Approval No. 13 of Use Permit No. 3229, so as to allow all'
night security lighting at the rear of the building, adjacent to
Avon Street, whereas said lighting is currently required to be
turned off at 10:00 p.m.
LOCATION: Restaurant Site: Parcel 1 of Parcel Map No.
87-106 (Resubdivision No. 840), located at
3000 West Coast Highway; Off -Site Parldng
Site: a portion of Lot F, Tract No. 919,
located at 2922 - 2940 West Coast Highway;,
both sites being on the northerly side of
West Coast Highway between North Newport
Boulevard and Riverside Avenue, in
Mariner's Mile.
ZONE: SP-5
APPLICANT: Lee West, Newport Beach
OWNER: Same as applicant
Commissioner Debay requested a clarification of the results of
the I.C.U. traffic analysis at the intersection of Riverside Avenue
and West Coast Highway. Don Webb, City Engineer, stated that
the analysis at that intersection is 0.904 which is slightly greater
than 0.90; however, staff, in accordance with Traffic Phasing
Ordinance guidelines, rounded the figure off to two decimal
points to 0.90. In response to a question posed by Commissioner
Debay with respect to the traffic count, Mr. Webb explained that
the traffic fluctuates from year to year- and during the past
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d. t'o
MISSIONERS
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September 7, 1989
CITY OF NEWPORT BEACH
JCA
INDEX
Highway. He stated that several previous project approvals that
were used as committed traffic in the area in previous traffic
studies have sunsetted and were not included; therefore, the
projected number of trips were less. Mr. Webb further
explained that in the project's previous study, 3,300 square feet
of floor area was counted twice, once as a restaurant and once
as a portion of the car dealership.
Commissioner Merrill suggested that the traffic counts may have
been reduced because of the construction activity on West Coast
-Highway. Mr. Webb stated that the traffic counts were
monitored in May, 1989.
Commissioner Pers6n asked why the project's traffic study was
not done at the intersection of Superior Avenue and West Coast
Highway. Mr. Webb explained that the restaurant did not
provide 1% or greater traffic at said intersection.
In response to questions posed by Commissioner Merrill, Mr.
Webb explained that staff analyzes the square footage of a
restaurant and does not consider the success of a restaurant.
Commissioner Pers6n asked if the traffic analysis considered the
Planning Commission removing the use permit and rights granted
for the original China Palace as well as the project proposed at
2912 and 2930 West Coast Highway. Mr. Webb stated that the
I.C.U. would be reduced from 0.904 to 0.903, if they were
removed.
Commissioner Debay asked if the Planning Commission should
be„ concerned that the applicant is currently operating the
requested restaurant without a use permit? Robert Burnham,
City Attorney, replied "no". He explained that the only important
factor relates to the likelihood -that the applicant will comply
with the conditions of approval of the items before the Planning
Commission. He stated that it would be difficult for the
Planning Commission to take action on the assumption that the
applicant may not comply in the future with the approval
because the City has the ability to enforce the conditions through
revocation or court action.
The public hearing was opened in connection with this item.
Mr. Richard Dear, attorney for the applicant, appeared before
the Planning Commission. Mr. Dear stated that the applicant
concurs with the findings and conditions in Exhibit "A". Mr. Dear
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COMMISSIONERS
c
September 7, 1989
CITY OF NEWPORT BEACH
ROLL CALL
INDEk
customers, 93 percent were Newport Import employees, and 7
percent were customers who were in the establishment having
their automobiles repaired or the general public. Mr. Dear
maintained that the applicant has complied with Use Permit No.
3229 (Amended) that has been granted. He explained that the
applicants have not advertised that the restaurant is open to the
general public.
Mrs. Janine Gault, 406 San Bernadino Avenue, appeared before
the Planning Commission as a representative of the Newport
• Heights Community Association. She stated that the Board of
Directors do not object to a small restaurant in the area;
however, the Board does object to a restaurant that has the
potential to force traffic in the residential neighborhood and to
necessitate a traffic signal at the intersection of Riverside
Avenue and Avon Street or the continuation of Avon Street to
Santa Ana Avenue. Mrs. Gault explained that after the Board
of Directors studied the traffic study regarding the intersection of
Riverside Avenue and West Coast Highway, it was concluded
that there has to be a reason why the I.C.U. was reduced
temporarily. Mrs. Gault questioned the traffic study's statement
with respect to a 20 percent reduction in vehicle trips due to
pedestrian traffic, and she said that the 20 percent assumption
could have a bearing on the TPO. Mr. Webb explained that the
20 percent reduction was based on the number -of walk-in
persons in the area, and the percentage is not unusual for a
restaurant. Mrs. Gault stated that the Newport Heights
Community Association is consistent with its concerns regarding
Avon Street, inadequate parking in Mariner's Mile, and increased
traffic in the area. She asked what project is proposed for the
property at 2912 and 2930 West Coast Highway?
"
In response to a question posed by Commissioner Edwards, Mrs.
Gault replied that the Newport Heights Community Association
is not requesting denial; however, they are concerned with the
proposal.
Lee West, applicant, and Mr. Dear appeared before the Planning
Commission. Commissioner Pers6n asked if Mr. Dear and Mr.
West had the opportunity to review the findings and conditions
in Exhibit "A", in the staff report and the addendum to the staff
report? Mr. Dear stated that they had met and conferred. Mr.
West stated that he would abide by the conditions of approval.
Commissioner Pers6n referred to the condition with respect to
nullifying the previous development rights' of the proposed office
-14-
SIONERS
September 7, 1989
CITY OF NEWPORT BEACH
u iiJV TV--- vv-...- --p
W. West if that would be an acceptable condition. Mr. West
replied that it is an acceptable condition because he will not be
developing that project; however, he said that he has plans to
develop a project on the property in the future. Mr. West stated
that it was his understanding that Use Permit No. 3229
(Amended), Finding No. it and Condition No. 32' nullified Site
Plan Review No. 49, Vesting Resubdivision No. 876, and Traffic
Study No. 48 (Revised) because he intends to use the site for
parking spaces for the restaurant.
Commissioner Merrill referred to Finding'No. 6 of Use Permit
No. 3229 (Amended) which states "chat the restaurant site and'
the off -site parking areas are in the same ownership". W. West
explainowner locates
ed that the property is in escrow until oval to use the.
another piece of property; however, he has app
location from the property owner. Mr. Dear explained that Mr.
West has an agreement with Mr. Shokri plto se the Restaurant Mr. West stated that the original china Palace
be demolished immediately.
Commissioner Pers6n stated in the event the Planning
Commission approves the subject project, that the action was not
based on stories in the newspapers that state that Mr. West has
an intention of.suing the City. Mr. West stated that no further
action has been taken with respect to the pending lawsuit.
Commissioner Pers6n stated that he would not condone
violations to the Newport Beach Municipal Code by approving
anything that the applicant may desire if the Planning
b d acceptmn-Assshould approve
the
Perstatement.
oject.west
stated that
Commissioner Debay stated that the Planning Commission has
the revocation of a use permit as a weapon if a project is
violated, and she asked what kind of a threat that is to an
applicant that operates a restaurant without s office filed it? Mit
Burnham explained that the City y'
seeking to enjoin the applicant's. operation of a restaurant in the
absence of a use permit. He said that it would be his opinion
that in the absence of the applicant's application, fora use
permit the City would have been successful in its lawsuit. He
said that the City would be able to enforce through the
revocation process or through an independent action in Superior
Court any conditions of approval that the Planning Commission
is imposing on the project.
-15-
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COMMISSIONERS
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��_0 \
September 7, 1989
CITY OF NEWPORT BEACH
ROLL CALL
IND
Mrs. Gail Demmer, 2812 Cliff Drive, represented herself and as
a member of the Newport Heights Community Association
before the Planning Commission. She said that the Association
cannot deny the application. Mrs. Demmer stated that the
Association is concerned with the growth surrounding Avon
Street, that they do not want to see ingress and egress on Avon
Street, and the overflow of traffic from West Coast Highway
mitigated to Avon Street into the residential community. Mrs.
Demmer stated that when the adopted General Plan was
the intent was that development shall not generate
`^
_initiated,
more traffic than the ultimate circulation system could
accommodate and that the commercial and residential areas shall'
be compatible and serve each others interests. Mrs. Demmer
questioned the need for a restaurant at the subject site, and the
impact the project will have on the community and the traffic on
West Coast Highway and Avon Street.
Mr. Burnham stated that the adopted General Plan intended to
lower permitted intensities of development throughout the City.
Mr. Burnham referred to the staff report, and he addressed how
the subject -project adheres to the 0.5 FAR and the flexible floor
area ratios adopted by the Planning Commission and City
Council for uses that generate traffic. He explained that the
floor area ratio of the subject area is 0.5, the weighted floor
area ratio, including the restaurant and the automobile uses on -
site, is 0.389; therefore, the use is consistent with the General
Plan and a use that is permitted under the General Plan.
Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the
Planning Commission. Dr. VanderSloot referred to his letter to
the Planning Commission dated September 7, 1989, and he
requested that the Planning Commission deny the subject traffic
study and use permit. He stated that the Newport Heights
Community Association did vote to deny the use permit. He
addressed his concerns with respect to the proposed traffic
circulation off of Avon Street and West Coast Highway; that the
3,300 square feet that was deleted from the dealership, because
of the restaurant tilted the TPO to .906; the assumption that 20
percent of the customers relate directly to the dealership should
be included in the 3,300 square feet; recalculate the traffic study
involving 2912 and 2930 West Coast Highway based on the 20
percent walk-in traffic; that to give 20 percent allowances
demeans traffic studies as far as a TPO is concerned and it
makes for arbitrary decisions; security lighting at the rear of the
property is not turned off as required in Condition No. 13 of
-16-
s°1
MMIS
September 7, 1989
CALL
CITY OF NEWPORT BEACH INDEX
J4G7 pa.Y .w... the lights do not turn up into th..p--^V
e residential area; and he
concluded his vpresentation y stating that the applicant was
flouting the
In response to a questions posed by Chairman Pomeroy with
respect to what affect the deletion of 3,300 square feet and the
20 percent walk-in would have on the TPO, Mr. Webb replied
.that he. did not believe the deletion of 3,300 square feet would
"tip" the TPO; however, he said that the 20 percent walk-in may
affect the TPO.
In response to a question posed by Chairman Pomeroy with'
respect to Condition No. 13 concerning the lighting, William
Laycoek, Current Planning Manager, stated that the applicant has
not turned the lights off at 10:00 p.m. as required in the original
use permit. However, the applicant has now requested to delete
or modify that condition of approval. He explained that Finding
No. 7 has been added to the subject use permit which states
"That the requested security lighting adjacent to Avon Street will
be operated so as not to be objectional to residential properties
on Cliff Drive and from the public view park, on the same
street.".
Commissioner Pers6n asked if the City Engineer and the City
Traffic Engineer are satisfied that the traffic study represents an
accurate view of the situation that the Planning Commission can
make an intelligent decision from? Mr. Webb responded "yes".
Dr. VanderSloot explained that a traffic calculation that he
tabulated with the City Traffic Engineer diverting to Tustin
Avenue was .905, and he said that to direct two automobiles to
Tugtin Avenue and Riverside Avenue would be .906.
Mr. Burnham explained that the 3,300 square feet proposed as
a restaurant will generate traffic at a certain rate, and that rate
would be 00
are
of the dealership. Deater er. Vanderif the Sloot and Mr Burnham et would be
the auto dealership use of the 3,300 square feet. Mr. Burnham
stated -that the traffic generation characteristics at.are counted
on auto dealerships are based on.gross square footage of the
structure without regard to what area within that structure is
going to have more activity than other areas.
The Planning Commission recessed at 9:00 p.m. and reconvened
at 9:08 p.m
47-
COMMISSIONERS
\O�\
\0 \\
0d�
September 7, lgg'y
CITY OF NEWPORT BEACH
ROLL CALL
IND�
Mrs. Karen Harrington, 441 Santa Ana Avenue, appeared before
the Planning Commission to request that the Planning
Commission deny the project on the basis that a projected 600
automobiles on Avon Street would have an impact on the area,
and she asked what the future plans are to expand Avon Street.
Mr. Webb explained that the current plans do not provide for
the extension of Avon Street beyond what is presently under
construction, and there is no funding to extend Avon Street.
Mrs. Harrington stated. her concern that Avon Street would be
extended to Santa Ana Avenue so as to alleviate the
_eventually
traffic impact on Riverside Avenue and West Coast Highway.
She commented that the encroachment of commercial business'
in the area has an impact on the residential area.
Commissioner Pers6n asked if the project at 2912 and 2930 West
Coast Highway, as proposed, would be deleted and the subject
project approved, what would be the difference in the number of
trips on Avon Street? Mr. Webb explained that a retail office is
13 trips per 1,000 square feet which would be 300 trips. He said
that with respect to the restaurant, based on 50 percent of the
trips using Avon Street, instead of 528 trips, there would be 260
trips.
In response to a question posed by Commissioner Edwards, Mrs.
Harrington indicated that she did not know how many Newport
Heights neighbors have been using the restaurant. She said that
Ruby's Restaurant is well-known and more residents will be
walking and driving to- the facility.
Chairman Pomeroy explained that the TPO calculations consider
all of the approved projects even if said projects have not been
built, and the traffic count does not represent the traffic
condition that would' occur based solely on the subject use
permit. W. Burnham stated that the TPO analyzes the traffic
impact of a project as a worse case possible based on the
existing projects in addition to the committed projects that have
not been built, resulting in an I.C.U., and added to the I.C.U. is
project traffic.
Commissioner Debay commented that approval would be based
on the escrow closing and the additional parking provided, and
the applicant's word that parking would be provided. Mr.
Burnham stated that if the transaction is, not consummated, the
applicant would not be able to satisfy a condition and cannot
complete the project. Mr. Burnham stated that the applicant is
-18-
/s
N, Ne \%\1
September 7, 1989
CITY OF NEWPORT BEACH
CALL
INDEX
area to be used for parking as 'long as the restaurant is in
operation; however, he said that before the covenant can be
recorded, the applicant needs control of the property. Mr.
Burnham stated that typically Off -Site Parking Agreements are
5 years. Mr. Laycock stated that the property owner, Mr.
Shokrian, confirmed that the property located at 2912 and 2930
West Coast Highway is in escrow and in the event the applicant
does not purchase said property, the applicant has a 5 year lease
that would allow the applicant to do whatever he wants to with
that property during the 5 year;.
In response to a question posed by Commissioner Debay, Mr:
Laycock stated that the applicant would be required to apply for
a sign permit.
Mrs. Marian Rayl, 426 San Bernadino Avenue, appeared before
the Planning Commission. Mrs. Rayl addressed her concerns
with respect to the traffic circulation at Avon Street; the
reduction in the traffic count on West Coast Highway; the 20
percent walk-in traffic; that there is every reason to believe that
Ruby's Restaurant will be successful and there will be an
increase in traffic on Avon Street; that Mariner's Center is a .
traffic hazard; that post office employees park in the Newport
Heights residential area; the number of businesses in Mariner's
i
Center that have in -lieu parking; that the Municipal Parking Lot
is not being used by the local businesses; that Newport Heights
is being surveyed to see if the residents want to add traffic signs
to their parking signs- to alleviate the business parking in the
neighborhood; that the traffic from a future project located at
2912 and 2930 West Coast Highway will be circulating off of
Avon Street in addition to the 30 parking spaces that are
proposed in conjunction with the subject restaurant; that the
light from the subject dealership are disturbing the adjacent
residents; that a traffic signal is. proposed at Mariner's Center;
the applicants do not have a good track record inasmuch as they
have violated conditions of the use permits; and the Planning
Commission has discretionary powers to deny the project
inasmuch as the proposal would not be good for the area.
In response to a question posed by Commissioner Glover with
respect to the 20 percent walk-in, Mr. Webb explained that staff
looks at projects individually. He said that with respect -to the
subject proposal, there is a chance that there will be walk-in
traffic on -site as well as from the surrounding neighborhood. He
stated that there is no way to determine: what the walk-in rate
.19-
/.5
COMMISSIONe."_3
September 7, 1989
CITY OF NEWPORT BEACH
ROLL CALL
INDEX
h
question with respect to why automobiles are not proposed to
ingress and egress from West Coast Highway, Mr. Webb
explained that Newport Imports was proposed to ingress and
egress off of Avon Street and West Coast Highway. He said
that staff attempted to distribute traffic and there was a need
to .eliminate left turns out of the dealership on West Coast
Highway. Commissioner Glover commented that Avon Street is
considered a residential street in Newport Heights and the
restaurant traffic should be from West Coast Highway and
should not encroach into the residential neighborhood. Mr.
Webb explained that Avon Street is a service access road at the
rear of the property for Newport Imports and the adjacent -
properties. Commissioner Glover and W. Webb discussed the
reasons for diverting West Coast Highway traffic to Avon Street.
Mr. Webb commented that ingress and egress on West Coast
Highway for the restaurant would lower the I.C.U. at Riverside
Avenue because it would take trips off of Riverside Avenue.
Mrs. Rayl commented that the median would be extended
westward on West Coast Highway so it would be impossible to
make a left turn into the restaurant. I& Webb confirmed that
the median will be extended, and left turns are restricted out of
Newport Imports by a previous condition. He said that the new
driveway at 2912 West Coast Highway will be protected so no
left turns can be made into the driveway. However, left turns
into the site from West Coast Highway can be made at the main
entrance to the auto dealership. Mrs. Rayl and Mr. Webb
discussed the traffic circulation on West Coast Highway at the
subject site. Mrs. Rayl concluded that if everything does not go
right with the subject project, then the TPO could be tipped by
ther project.
Mr. Chris Hansen, 22 Encore Court, appeared before the
Planning Commission. Mr. Hanson commented on the traffic
congestion created by the post office. In response to Mr.
Hanson's concerns, Mr. Webb explained the circulation pattern
at the post office until construction on Avon Street is completed.
Mr. Hansen and Mr. Webb discussed the businesses that will be
using Avon Street from Mariner's Center.
There being no others desiring to -appear and be heard, the
public hearing was closed at this time.
Commissioner Edwards and Mr. Webb discussed the variable
traffic counts on West Coast Highway and what the automobile
-20-
MISSIONERS
MINUTES
September 7, 1989
CALL
Motion
CITY OF NEWPORT BEACH
Mr. Burnham requested an amendment to Condition No. 13 as
approved by Mr. Dear and Mr. West. He stated that some of
the problems created at _the subject location have not surfaced
because it is not common knowledge that the restaurant is
operating and open to the public. He said that too allow the
restaurant to install signs upon approvalsubject
application and then satisfy the conditions of approval to the use
permit could create problems. He proposed that Condition No:
13 of Use Permit No. 3229 (Amended) be amended to state
."that no signs shall be erected until perauttee has complied with
Conditions No. 7, 14, 15, 20, and 21 " He explained that said
conditions are relevant to the parking and traffic and access
concerns that the residents and Planning Commission have raised.
Mr. Dear concurred that the conditions would be acceptable.
Commissioner Di Sano stated that the Planning Commission's
discretionary powers are limited to when the Planning
Commission can make findings. Mr. Burnham concurred, and he
added, when the facts are present to support the findings.
Motion was made to approve Traffic Study No. 58, and Use
Permit No. 3229 (Amended), subject to the. findings and
conditions in Exhibit "A", including the foregoing Condition No.
13 as amended by Mr. Burnham, and added Finding No. 11 and
Condition No. 32 as suggested by staff in the addendum to the
staff report with respect to the applicant's use for off -site parking
at property located at •2912 West Coast Highway. Commissioner
Pers6n stated that in order for the Planning Commission to come
up with findings to deny the application there has to be a factual
basis, and he explained there are no facts to create findings for
den?al. Commissioner Pers6n stated that Mr. West agreed to
the conditions of approval making the use permit contractual in
nature, and said conditions are. expected to be abided by. He
commented that he has a concern with respect to Condition No.
12 regarding the service of alcoholic beverages and that said
condition may need to be modified at a future date if there are
any further problems. Commissioner Pers6n stated that the
entitlement to property located at 2912 West Coast Highway will
be deleted and the entitlement to the existing China Palace
Restaurant will be deleted, concluding that the subject project
will have less impact than the foregoing establishments.
ICommissioner Debay supported the motion. She said that
because of the technical information 'given to the Planning
-21-
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CQMMISSiuNEF.Z
M
September 7, 1989
CITY OF NEWPORT BEACH
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Substitute
Commissioner Glover made a substitute motion to approve -Use
Motion
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Permit No. 3229 (Amended), and Traffic Study No. 58, including
modified Condition No. 13, added Finding No. 11 and Condition
No. 32. Commissioner Glover requested that Finding No. 8,
Condition No. 20, and Condition No. 24 be deleted so as to
force the ingress and egress off of West Coast Highway and off
of Avon Street.
Commissioner Debay stated that she would not support the
substitute motion because there is no way to make a left turn
onto West Coast Highway from the establishment.
In response to a question posed by Commissioner Edwards,
Commissioner Pers6n explained that there is no evidence to not
allow alcoholic beverages. Commissioner Edwards stated that he
had a concern with respect to alcoholic beverages and
automobiles.
Commissioner Glover stated that the proposed project will have
an impact on the residential neighborhood.
Ayes
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The foregoing substitute motion was voted on, MOTION
Noes
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DENIED.
Chairman Pomeroy commented that the.information contained in
the Traffic Study as it relates to walk-in traffic is not adequate
to make a proper decision, and he requested a continuance so
Substitute
as to be given further information concerning the impact of
Motion
walk-in traffic. He commented that it is a legitimate. concern
inasmuch as the percentage is arbitrary and it is necessary to
find out if it would tip the TPO.
Mr. Burnham addressed the responsibilities that the City Council
delegates to the Traffic Engineer as described in Council Policy
S-1.
The substitute motion was withdrawn at this time.
Withdrawn
In response to a question posed by Commissioner Debay with
respect to a change in the traffic counts in 1990, Mr. Burnham
explained that the Planning Commission has the power under
the use permit to modify conditions of approval to address
changes and circumstances. He said that if the change in traffic
manifests itself and some problems "occur, the Planning
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that the problem is resolved.
In reference to the Traffic Engineer's , responsibility, Mr.
Burnham explained that. if the Traffic Engineer could be
persuaded to decrease the amount of walk-in traffic for a
particular establishment, it would have a great affect on the
validity of the Traffic Phasing Ordinance.
In to Commissioner Edwards' question with respect to
response
revolting the application, Mr. Burnham explained that revocation
'has to be based on violations of the conditions of approval as
opposed to change in circumstances. In response to'
Commissioner Edwards' question with respect to Condition No.
31 regarding the Planning Commission's rights to modify the use
permit, Mr. Burnham stated that the intent of the condition is to
put the applicant on notice that if there, is a violation that the
Planning Commission has the right to recommend revocation.
Motion was voted on to approve Traffic Study No. 58, and Use
Permit No. 3229 (Amended) subject to the , findings and
conditions in Exhibit "A", including added Finding No. 11,
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modified • Condition No. 13, and added Condition No. 32 as
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pieviously stated. MOTION CARRIED.
A. Traffic Study No. 58: Approve the Traffic Study, making
the findings listed below:
Findin
—1. That a Traffic Study has been prepared which
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analyzes the impact of the proposed project on the
circulation system in accordance with Chapter 15AO
of the Newport Beach Municipal Code and Council
Policy S-1.
2. That the Traffic Study indicates that the project -
generated traffic will neither cause nor make worse
an unsatisfactory level of traffic on any 'major',
'primary -modified', or 'primary' street.
B. Use Permit No 3229 (Amended): Approve the use
permit, making the following findings and with the
following conditions:
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Findines
1. That the proposed development is consistent with
the General Plan and the Local Coastal Program,
Land Use Plan, and is compatible with surrounding
land uses.
2. The project will not have any significant environ-
mental impact
3. That adequate parking exists to serve the subject
restaurant.
4. The off -site parking areas are located so as to be
useful to the proposed restaurant use.
5. Parking on such off -site parking areas will not
create undue traffic hazards in the surrounding
area.
6. That the restaurant site and the off -site parking
areas are in the same ownership.
7. That the requested security lighting adjacent to
Avon Street will be operated so as not be
objectional to residential properties on Cliff Drive
and from the public view park on the same street.
8. That the subject project increases traffic on Avon
Street which may result in the need to provide a
traffic signal in the future.
9. The waiver of development standards as they
pertain to walls and parking lot, illumination will
not be detrimental to the adjoining properties.
10. The approval of Use Permit No. 3229 (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.
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located at 2912 t Coast Highway for off -site
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parking in conjunction with the proposed restaurant
will nullify the previous approval of Site Plan
Review No. 49, Vesting Resubdivision No. 876 and
Traffic Study No. 48 (Revised) inasmuch as there
is insufficient parking on said property to satisfy
the parking requirements of both projects.
CONDMONS:
1. That the subject project shall be in substantial
conformance with the approved site plan and'
restaurant floor plan.
2. That all previous applicable conditions of approval
of Use Permit No. 3229 shall be fulfilled and shall
remain in effect.
3. That all mechanical equipment and trash areas shall
be screened from view.
4. - That kitchen exhaust fans shall be designed to
control odor and smoke to the satisfaction of the
Building Department.
5. That a washout area for refuse containers be
provided in such a way as to allow direct drainage
into the sewer system and not into the Bay or
storm drains, unless otherwise approved by the
''. Building Department.
6. 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.
7. That all restaurant employees shall park their
vehicles in the off -site parking areas.
8. That a minimum of one parking space shall be
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for each 40 sq.ft. of "net public area" (33
provided
spaces) in the proposed restaurant facility.
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shall be limited to 7:00 a.m. to 10:00 p.m. daily.
10. That a trash compactor shall be installed in the
restaurant facility.
11. That no live entertainment or dancing shall be
permitted unless an amendment to this use permit
is approved by the Planning Commission.
12. That the service of alcoholic beverages shall be
incidental to the primary food service operation.
13. That all signs shall conform with Chapter'20.06.of
the Newport Beach Municipal Code unless a sign
exception is approved. That no signs shall be
erected until permittee has complied with
Conditions No. 7, 14, 15, 20, and 21.
14. The applicant shall record a covenant, guaranteeing
that the subject parcels used for off -site parking for
the restaurant shall remain in the same ownership
as the property on which the restaurant is located.
15. That the required number of handicapped parking
spaces shall be designated within the off -site
parking area and shall be used solely for hand-
icapped self parking. One handicapped sign on a
post and- one handicapped sign on the pavement
shall be required for each handicapped space.
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16. That the on -site vehicular and pedestrian circulation
system be subject to further review by the Public
Works Department and the City Traffic Engineer.
17. That prior to .the issuance of any building permits
or implementation of this Use Permit, the applicant
shall dedicate to the City for street and highway
purposes, the applicant's interest in the strip of land
(varies in width between 15.4 feet and 16 feet) .
adjacent to West Coast Highway and across the
West Coast Highway frontage. The strip is to be
used in the future for the widening of West Coast
Highway. That portion of the existing structure at
the southeasterly comer of the property that is in
the dedication area may remain until West Coast
i
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Highway is
roadway widening will perform the modifications to
remove interfering portions.
18. That all improvements be constructed as required
by Ordinance and the Public Works Department.
19. That a standard Subdivision Agreement and
accompanying surety be provided in order to
guarantee satisfactory completion of the public
improvements if it is desired to obtain a building
permit prior to completion of the public
improvements.
20. That the intersection of Avon Street and the
driveway shall be designed to provide sight distance
for a speed of 25 miles per hour. Landscaping,
walls and other obstructions shall be considered in
the sight distance requirements. Landscaping within
the sight line shall not exceed twenty-four inches in
height. The sight distance requirement may be
modified at non -critical locations, subject to
approval of the Traffic Engineer.
21. That the existing median island in West Coast
Highway shall be extended 35 feet westerly and
that vehicular access to West Coast Highway be
limited to right turn in and out and signs be posted
., to indicated this restriction.
.22. That the sidewalk be reconstructed to a 12 foot
width and the existing drive depression be removed
and replaced by a drive conforming to City
Standard 166-L along the West • Coast Highway
frontage under an encroachment permit issued by
the California Department of Transportation.
23. That a landscape and irrigation plan for the site
shall be approved by the Public Works, Planning,
and Parks, Beaches and Recreation Departments.
The landscaping shall- be installed in accordance
with the prepared plans.
24. That 25 percent of the cost of a traffic signal at
Riverside Avenue and Avon Street be bonded for
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years after a certificate of occupancy is issued for
the development.
.25. That site drainage flowing toward West Coast
Highway be collected in a drain and conveyed to
the existing storm drain in the highway.
26. That the development standards pertaining to wails
and parking lot illumination are hereby waived.
27. That the overhead utility lines serving the off -site
parking areas shall be placed underground and the
poles removed.
28. , 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. .
29. That the applicant shall obtain the approval of the
Coastal Commission prior to the issuance of any
building permits or opening of the restaurant.
30. That Condition No. 13 of Use Permit No. 3229,
approved by the City Council on March 23, 1987,
is amended to read as follows: .
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'That the illumination of automobile display
areas shall be maintained in such a manner
so as to eliminate direct light and glare on
adjoining properties northerly of Avon Street
and on West Coast Highway. All lighting
facing toward the bluff at the rear of the
site, except for approved security lighting,
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shall be turned off by a timer at 10:00 p.m.
each night. The five existing security lights
at the rear of the building, shall ' be
maintained and operated in a manner so as
not to be objectional to, the adjoining
residential properties on the bluff side of
Cliff Drive."
31. That the Planning Commission may add to or
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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.
32. Implementation of Use Permit No. 3229
(Amended) as approved by the Planning
Commission on September 7, 1989, shall nullify the
" previous approval of Site Plan Review No. 49,
Vesting Resubdivision No. 876, and Traffic Study -
No. 48 (Revised.)
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Item No.6
Request to nd a previously approved use permit, which DP1421A
permitted the a ion of the existing Hoag Hospital facility on Approved
property located in a A-P-H and Unclassified Districts. The
proposed amendment a request to establish an employee child
care facility and relate arking to be located on the lower
southwesterly portion of th pus, adjacent to the future Hoag
Hospital Cancer Center in a Unclassified District; and the
acceptance of an environment ocument.
LOCATION: A portion of t 172, Block 1, Irvine's
Subdivision, . locate at 4050 West Coast
Highway, on then erly side of West
Coast Highway, betwee ewport Boulevard
and Superior Avenue, on operty known as
Cal Trans East.
ZONE: Unclassified
APPLICANT: Hoag Memorial Hospital Presb an, -
Newport Beach
OWNER: Same as applicant
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D. (Contd.)
prohibiting_ charter boat operations
on the _site_and_requiring the
commercial and marina parking to be
provided at.no_charge� and
7. Additional condition added (see
" official minute's) :"
5. Public hearing and City Council review of an APPEAL by
JAN D. VANDERSLOOT, M.D., from the approval 1by the
Planning Commission•on September 7, 1989, of TRAFFIC._
STUDY NO. 58 AND USE PERMIT NO., 3229(AMENDED), requests
of Lee West, Newport Beach,'to convert an approved -
employees' cafeteria into a restaurant facility, with
on -sale beer and wine, which will operate in
conjunction with an auto dealership located at 3000
West Coast Highway, on the northerly side of West Coast
Highway between North Newport Boulevard and Riverside
Avenue in Mariners Mile; zoned SP-5.
Report from the Planning Department. (Attached)
Appeal application of Jan D. Vandersloot,,M.D.
(Attached)
!Vote----------- Action:
Hold hearing; close hearing; if desired,
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
(Public-Cofnments are invited on
nonagenda items --Speakers must
limit comments to 3-minutes)
NOTICE TO THE PUBLIC
All matters listed under CONSENT CALENDAR are
considered by the Council to be routine and will
all be enacted by one motion in the form listed
below. There will be no separate discussion of
these items prior to the time the Council votes on
the motion unless members of the Council, staff or
the public request specific items to be discussed
and/or removed from