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HomeMy WebLinkAbout4001 W COAST HWY1111111111111111111111111111111111111111111111111 *NEW FILE* 4001 W Coast Hwy COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS Telephone: (714) 644-3200 Plan Check No: ass y: a Garc Assistant Planner By:Marc Myers, Assistant Planner Date: / Address Districting Map No. Land Uses miCLuwi,, royc By:Christy Teaaue, Assistant Planner Corrections Required:/,��yyJJ�� Legal Description: Lot �1' " L�+�lock Section Tract ZO// Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $5,000. covenant required. Please have owner's signature notarized on the attached document and return to me. Lot Size Zone Proposed setbacks e Required Sett backs Front t Rear Right Side Left Side . L FAR WORKSHEET Lot area (site area sq.ft.): sq.ft� Base Development Allocation (BDA): Comm sq.ft. [0.5 x site area sq.ft., unless otherwise specified in.Land Use Element] FAR permitted, without variance: (A) Comm res ukcr Square footage permitted: Comm res vka sq.£t. [(A) x site area sq.ft.] Maximum FAR allowed with variance: (B) Comm res Pka Maximum square footage allowed: Comm res sq.ft. [(B) x site area sq.ft.] PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. (D) Reduced FAR use sq.ft. (E) Maximum FAR use sq.ft. (F) TOTAL SQ.FT. [C+D+E] sq.ft. sq.ft. sq.ft. sq.ft. PROPOSED FAR: [ F % site area sq.ft. J PROPOSED WEIGHTED DEVELOPMENT: FAR Use Category Weighting Factor Weighted Sq.Ft. (G) (H) ( G x H ) .ft. Base X 1.00 sq.ft. .ft. Reduced X 1.67 sq.ft. .ft. Maximum X 0.50 sq.ft. TOTAL WEIGHTED SQ.FT.(May not exceed BDA) Provide tissue overlay of calculations to verify provided square footage. Required Parking Proposed parking (Indicate number of stalls provided) Total On -Site Parking Standard Compact 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, fences, etc. in � relation to the property line. w Fair Share Contribution N San Joaquin Hills Transportation Corridor Fee SPECIAL APPROVAL REQUIRED THROUGHs Please indicate any discretionary approval numbers on the plane and incorporate the attached] excerpt of minutes and list of findings and conditions into the bluelihe drawings approval letter into the blueline drawings Modifications Committee: Indicate Approval No. on Bluelines Modification required for Planning Commission/CityCommiosion/City C Use Permits No. o ,4 Ce, ' IeI4 1� Variances No. Resubdivision/Tract: No. Site Plan Reviews No. Amendment: No. Other Public Works: Easement/Encroachment Permit ` m b#41v-3ncin neer Approval of Landsc Plans guildinc Deoertments _�tTs Grading Engineer Parke Departments Approval of Landscape Plana Approval in Concept (MI (Note: File 3 sets of plans: site, floor, and elevations) Coastal Development Permit: No. Effective Date: Waiver/Exemption: No. Effective date: NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714) 644- 3200. 0 FORMS\COMM-ZON.COR Conditions of Approval Use Permit No. 2005 (Amended) 4001 West C ui .� .vw P.C. #2255- nditi n al. Substant 2' Conditio 3. alet Se �!o1 astal i f 5. Valet Se 6. N/A 7. N/A a� 4 t COUNUL AGENDA No - F-/0629_... CITY OF NEWPORT BEACH APPLICATION TO APPEAL DECISION OF THE PLANNING COMMISSION 1. Variance No. 2. Use Permit No. 2005/4 3. P/C Amendment No. _ 4. Modification No. 5. Resubdivision No. 6. Amateur Radio Antenna 7. Satellite Dish Antenna NOTE: APPELLANT MUST FURNISH ONE SET ADDRESSED,GUMMED LABELS OF PROPERTY OWNERS TO BE NOTIFIED BEFORE APPLICATION CAN BE PROCESSED. ` C/O Paul Garber Name person Appellant Balboa Coves Community Association 714-5455100 or person filing: Y Phone: • Address: PO Box 1224 11ewport Beach CA 92663 Date of Planning Commission decision: Sent 21 , 19 89 regarding application of: Sume TiIs for (description of application f e wit Planning commission): Modification of existing use to Dermit valet service from anolicants' property adjacent to Balboa Coves' entry to transport patrons' automobiles to and from the restaurant to the new municipal parking lot on the northeast corner of Pacific Coast Hwv and Superior. Reasons for Appeal: oroperty in order to proceed westerly on Pacific Coast Hwy. This trespass will result in dangerous stacking of traffic in our entryway. FOR OFFICE USE ONLY Date Appeal nd Administrative Fee received: (�/ itpti A5 , 19 �/r. /�/1// C�,c.(�j-:L ,a-A7;Lc..&ce 10/10/89 signature of Appellant Date Public hearing set' for 7:30 P.M: 19 . CITY CLERK Director, Balboa Coves Community Association cc: Appellant Planning File • 1. USE PERMIT APPEAL Munic pal Code Sec. 20.80.070A 31 As of 7-1-89 2. VARIANCE " 20.82.060A 331 " 3. ZONING AMND " 20.84.050 331 " 4. MODIFICATION " 20.81.070E(1) 331 " S. 6..AMATEUR RESUBDIVISION RADIO ANTENNA " " 19.12.040(J)l 20.77.060 331 325 " (As Of 1/9/89) 7. SATELLITE DISH ANTENNA " 20.75.050 NNote: When a Resubdivision is appealed along with any of the foregoing, there will be a charge for each appeal. (°Deposit funds with Cashier in Account #02700) I,' City Council Meeting November 13, 1989 Agenda Item No. D-8 CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: Use Permit No. 2005 (Amended) Public hearing and City Council review of an appeal of the Balboa Coves Community Association, from the approval of the Planning Commission, in conjunction with a request to amend a previously approved use permit which permitted the service of on -sale alcoholic beverages in conjunction with an existing restaurant on property located in the C-1-H District. The proposed amendment involves a request to establish a valet parking service in conjunction with the existing restaurant. The valet service intends to utilize available parking spaces in a proposed Municipal Parking Lot located at the northeast- erly corner of Superior Avenue and West Coast Highway. LOCATION: Lots 74 and 75, Tract No. 1011, located at 4001 West Coast Highway, on the southerly s3,ile of West Coast Highway between Newport Boulevard and Balboa' Boulevard, adjacent to Balboa Coves. ZONE: C-1-H APPLICANT: Sumeth Tiles„ Newport Beach OWNER: Mary Howard, Newport Beach APPELLANT: Balboa Coves Community Association, Newport Beach AA,plication This is a request to amend a previously approved use permit which permitted the service of on -sale alcoholic beverages in conjunction with an existing restaurant on property located in the C-1-H District. The proposed amendment involves a request to establish a valet parking service in conjunction with the existing restaurant. The valet service intends to utilize available parking spaces in a proposed Municipal Parking Lot located at the northeasterly corner of Superior Avenue and West Coast Highway. In accordance with Section 20.72.020 of the Municipal Code, changes in the operational characteristics of an existing restaurant require- the Japproval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Suggested Action Hold hearing; close hearing; if desired, sustain, modify or overrule the decision of the Planning Commission. ' T0; City Council - 2. Planning Commission Recommendation At its meeting of September 21, 1989, the Planning Commission voted (4 Ayes, 1 No, 2 Absent) to recommend the approval of Use Permit No. 2005 (Amended), with the Findings and subject to the Conditions of Approval set forth in the attached excerpt of the Planning Commission minutes dated September 21, 1989. A copy of the Planning Commission staff report for Use Permit No. 2005 (Amended), which discusses details of the proposed development, is also attached for Council review. The basis of the applicant's request to establish a valet parking service centers on his desire to use the future Municipal Parking Lot to be constructed at the northeasterly co ner of Superior Avenue and West Coast Highway, and which will contain 65 parki g spaces. Inasmuch as said parking lot is being constructed so as to replace the lost parking spaces along West Coast Highway, the applicant feels justified in using the Municipal Parking Lot and is requesting to establish a valet parking service so as to facilitate such an activity. The applicant's proposed use of the Municipal Parking Lot is not for the purpose of providing required parking spaces. Under the applicant's existing use permit, the restaurant is a legal nonconforming use relative to the off-street parking requirement. Therefore the parking which the applicant is attempting to use is solely for the purpose of maintaining the viability of his restaurant which will be seriously affected by the loss of the on -street parking spaces on West Coast Highway. A majority of the Planning Commission made the determination that although the § Municipal Parking Lot is a long distance from the restaurant site (i.e. due to the restricted access to West Coast Highway, it will be necessary for valets to travel 1.4 miles to the Municipal Parking Lot and 0.9 miles to return), businesses were assured that said Municipal Lot would be used to rectify the situation of losing parking spaces along West Coast Highway. The Balboa Coves Community Association has appealed the decision of the Planning Commission to the City Council. It is their opinion that there is no reasonable way to police the restaurant's valet service from utilizing the main entrance area to Balboa Coves, which is directly east of the restaurant site. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEW)ICKER, Director $ y WILLIAM R. LAYCOCK 17 WRL/kk Current Planning Managdi UP2005A.1113 Attachments for City Council Only: Planning Commission Staff Report dated 9/21/89, with attachments Excerpt of Planning Commission Minutes dated 9/21/89 Site Plan/Floor Plan a TO: FROM: SUBJECT: LOCATION: ZONE: APPLICANT OWNER: " Apnli, cation Planning Commission Meeting September 21 1989 Agenda Item No. 3 CITY OF NEWPORT BEACH Planning Commission Planning Department Use Permit No 2005 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the service of on -sale alcoholic beverages in conjunction with an existing restaurant on property located in the C-1-H District. The proposed amendment involves a request to establish a valet parking service in conjunction with the existing restaurant. The valet service intends to utilize available parking spaces in a proposed Municipal Parking Lot located at the northeasterly corner of Superior Avenue and West Coast Highway. Lots 74 and 75, Tract No. 1011, located at 4001 West Coast Highway, on the southerly side of West Coast Highway between Newport Boulevard and Balboa Boulevard, adjacent to Balboa Coves. C-1-H Sumeth Tila, Newport Beach Mary Howard, Newport Beach This is a request to amend a previously approved use permit which permitted the service of on -sale alcoholic beverages in conjunction with an existing restaurant on property located in the C-1-H District. The proposed amendment involves a request to establish a valet parking service in conjunction with the existing restaurant. The valet service intends to utilize available parking spaces in a proposed Municipal Parking Lot located at the northeasterly comer of Superior Avenue and West Coast Highway. In accordance with Section 20.72.020, changes in the operational characteristics of an existing restaurant require the approval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3 ..fir. TO: Planning Commission -2. C onforman�P with the General Plan and i n,�l coastal Program. Land Use. flan 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 subject project is a permitted use within this designation. In accordance with the provisions of the California Coastal Act, the subject application also requires the approval of the Coastal Comm ;sion. Backn Although the actual date of construction is unknown, it appears that the subject property was developed with the existing restaurant building as early as 1955. Therefore the original restaurant use was established on the site prior to the requirement for off-street parking: It should be noted, however, that the restaurant has traditionally maintained 10 on -site parking spaces and 8 legal off -site parking spaces on the triangular parcel located adjacent to and westerly of the restaurant site. It should be further noted that the off -site parking has never been required parking. for the restaurant inasmuch as the property is in the separate ownership of the Balboa Coves Community Association. The original restaurant was known as Howard's Restaurant which operated on the site up until 1981 at which time the existing Royal Thai Cuisine Restaurant was established. At that time the Planning Commission approved Use Permit No 2005 which involved a request to add the on -sale service of alcoholic beverages in conjunction with the restaurant operation. The request also included tandem parking and an on -site valet parking service, but said request was denied because of the site's inadequate size and singular access to West Coast Highway. 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 Planning Commission minutes dated August 6, 1981. In accordance with Condition No. 7, said approval was for a period of two years, with the provision to extend the use permit subject to the approval of the Modifications Committee. At its meeting of August 8, 1983, the Modifications Committee extended the use permit for three years, and on September 9, 1986, an extension of five years was approved. At its meeting of April 22, 1982, the Planning Commission approved Use Permit No. 2005 (Amended) which involved a request to delete Condition No. 9 of the previously approved use permit so as to allow the service of alcoholic beverages at a customer bar and lounge area. Said action was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission minutes dated April 22, 1982. Analysis As indicated in the attached letter from the applicant's architect, the applicant is requesting to establish a valet parking service in conjunction with his existing restaurant o - i TO: Planning Commission -3. operation. Said request is in response to the future loss of on -street parking spaces in front of the restaurant due to the widening of West Coast Highway in order to establish three traffic lanes in each direction. The loss of said parking is a critical issue for the applicant inasmuch as he does not expect the Balboa Coves Community Association to renew his lease for the off -site parking lot currently used by the restaurant. With the loss of both the on -street parking and the off -site parking spaces the only remaining parking spaces available to the restaurant would be the 10 on -site parking spaces shown on the attached plans. During peak hours of operation, as many as 29 parking spaces are typically needed for the restaurant (9 spaces for employees and 20 spaces for customers). The basis of the applicant's request to establish a valet parking service centers on his desire to use the future Municipal Parking Lot to be constructed at the northeast comer of Superior Avenue and West Coast Highway and which will contain 65 parking spaces. Inasmuch as said parking lot is being constructed so as to replace the lost parking spaces along West Coast Highway, the applicant feels justified in using the Municipal Parking Lot and is requesting to establish a valet parking service so as to facilitate such an activity. As shown on the attached plans, the applicant intends to use the on -site parking area located easterly of the restaurant for valet parking drop-off. Vehicles would then be driven to the Municipal Parking Lot via the route shown in the dashed line on the attached exhibit showing the most likely route to and from the Municipal Parking Lot. The solid line indicates the most likely return route. It should also be mentioned that the new intersection and signalization proposed at the entrance drives to the Hoag Hospital Cancer Center and the Balboa Coves residential area, can not benefit the vehicular movement between the restaurant and the Municipal Parking Lot inasmuch as the intersection is too close to the restaurant driveway to allow safe access to the left turn lane, so as to allow a u-tum to be made. It should be further noted that the Balboa Coves Community Association is not willing to grant access to West Coast Highway via their entrance drive so as to allow a left turn onto West Coast Highway. Therefore, the most likely feasible routes are those shown on the attached exhibit. The applicant has also indicated that the valet parking service will be primarily during the evening inasmuch as the parking demand associated with fhe lunch operation is generally low enough to be satisfied on -site. The applicant's architect has also attached a second design for the valet drop-off area which shows that five vehicles could be staged on the property without projecting into the West Coast Highway right-of-way. Although either design is acceptable to the City Traffic Engineer, the design shown on the attached site plan is preferred inasmuch as it accommodates the day -time self parking use of the parking area. It should also be stated that the applicant's proposed use of the Municipal Parking Lot is not for the purpose of providing required parking spaces. Under the applicant's existing use permit, the restaurant is a legal nonconforming use relative to the off-street parking requirement. Therefore, the parking which the applicant is attempting to use is solely for the purpose of maintaining the viability of his restaurant which will be seriously affected by the loss of the on -street parking spaces on West Coast Highway. TO: Planning Commission -4. In conjunction with staffs review of the proposed valet parking, three major concerns have been identified. The first concern is with regard to the rather long distance of 825± feet between the restaurant site and the Municipal Parking Lot. In the past, the Planning Commission has generally required off -site parking to be much closer to the property which it serves. The second concern is that the Municipal Parking Lot is located on the northerly side of West Coast Highway which will require the valet parking attendants to cross West Coast Highway. In the past, the Planning Commission has objected to the use of off -site parking which required valets to cross Pacific Coast Highway inasmuch as they quite often do not take the time to use signalized intersections and therefore become a hazard to themselves and to motorists. The last concern is in regards to the difficulty of moving vehicles back and forth between the Municipal Parking Lot and the restaurant site due to the fact that when the widening of West Coast Highway is complete, there will be a raised center median which will limit access to both the Municipal Parking Lot and the restaurant to right turns in and out. Due to the restricted access to West Coast Highway, it will be necessary for valets to travel 1.4 miles to the Municipal Parking Lot and .9 miles to return. In response io these concerns, the applicant has indicated that he will use a shuttle van to ferry valets between the Municipal Parking Lot and the restaurant. He has also indicated that the valets, the shuttle van and the restaurant will communicate with walkie/talkies so as to coordinate the movement of vehicles in the most efficient manner. Specific Findings Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed' use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning mi Comssion wish to approve Use Permit No. 2005 (Amended), the findings and conditions of approval set forth in the Should the Planning Commission wish to deny this the attached Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director � 1 By i iatAlard Senior Planner attached Exhibit "A" are suggested. application, the findings set forth in 11 TO: Planning Commission -5. Attachments: Exhibit "A" Exhibit "B" Vicinity Map Excerpt of the Planning Commission Minutes dated August 6, 1981 and April 22, 1982 Letter from applicants architect with attachments Most likely routes between restaurant and parking lot Site • Plan/Floor Plan t 0 TO: Planning Commission -6. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT 2005 (AMENDED) September 21, 1989 Fin in : 1., That the operation of a valet parking service in conjunction with the existing restaurant will not create undue traffic hazards in the surrounding area. 2. That the restaurant site is of sufficient size so as to allow the use of a valet parking service without impacting the safe movement of traffic on West Coast Highway. 3. That the approval of Use Permit No. 2005 (Amended) 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 proposed development shall be in substantial conformance with the approved site plan/floor plan, except as noted below. 2. That all previous applicable conditions of approval for Use Permit No. 2005 shall be fulfilled. 3. That the valet parking service shall be limited to the nighttime dinner and weekend operation of the restaurant. 4. That the applicant shall obtain Coastal Commission approval of this application prior to the implementation of the valet parking service. 5. That the operation of the valet service shall be reviewed and approved by the City Traffic Engineer. 6. 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 4 y � � TO: I Planning Commission -7. 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. 7. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. y TO: Planning Commission -8. EXHIBIT "B" FINDINGS FOR DENIAL OF USE PERMIT NO 2005 (AMENDED) September 21, 1989 1. That the off -site parking in the Municipal Parking Lot is not located so as to be usable and accessible to the subject restaurant inasmuch as: the Municipal Parking Lot is over 800 feet away from the restaurant site; and said parking lot is located on the opposite side of West Coast Highway, which requires valets to drive 1.4 miles to the parking lot location and .9 miles in order to return to the restaurant. 2. That the use of the Municipal Parking Lot for valet parking will in this case create undue traffic hazards in the surrounding area inasmuch as there is the potential for valets to cross West Coast .Highway at locations other than signalized intersections. `. - 3. The approval of Use Permit No. 2005 (Amended) so as to allow the establishment of a valet parking service- at the subject restaurant 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. ------- ---- - - ------ ---- �0 ' .Oil N•t.• NO It-4 tr 1/y/ r u / ,r• �• p .A w� P I 'O• Y Fes,. ; .�R � Q -' • -�; ,.... • .: .,. tie ., • I A,4, PR •F ^ P � L^ p PR o,L a > V ,♦ yy j P~ R A t •1°~ PI'�� b • PR O' TLFi P•R � � a e n L Jf! /f•LP AO, — DISTRICTING MAP NEWPORT BEACH — CALIFORN i L.FJ AAKYI TUAAt AESIOENfIAt N ♦ MULTIPLE AESIOCNIIAL (l(" N-1 $IN6L[ FAN4t NLWOENTIAL �ptial+j LIGHT 644NEA64t I l N �Eni M•1 OU•LE S ACIOt NTIAL IIE•.TC VUL'IFtE•AMILY AIYOC%TI&L 1 C-4 4.yIr GINEW CO4ul4f,UL YANUFACTUAIN6 II[I M rN� 444,AN,YJ OI°(Nlfi �'Y YNf•Ll�3SIElEO .r l rrt fny (JIPt^ . • L"�.r 51+o.+n E.a :•10• 4" N 41, (KC. •Y, Itv, FJewvoor BAY L Y " COMMISSIONERS just 6, 198,1 \•i MINUTES •'r f n ta City of Newport Beach RC)1 i CAI I INDEX Request to change the operational characteristics of an existing restaurant in the C-1-H District so as to allow the sale of beer and wine in con- junction with the restaurant operation. The proposed development also includes tandem parking spaces and valet parking for the restaurant use. LOCATION: Lots 74 and 75, Tract No. 1011, located at 4001 West Coast Highway, on the southerly side of West Coast Highway between Newport Boulevard and Balboa Boulevard, adjacent to Balboa Coves. ZONE: C-1-H APPLICANT: Royal Thai Cuisine Inc., Newport Beach OWNER: Mary Howard, Newport Beach P'I•anning Director Hewicker discussed the re - designation of the floor plan. He stated that a letter has been received from Mr. William Taylor which indicates his concerns for odors and trash this proposal may generate. Planning Director Hewicker recommended the following additional conditions: 1) That the kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 401 of the Rules and Regulations of the South Coast Air Quality Management District. 2) That the service of -alcoholic beverages be served in such a manner so that there would be no bottles or other containers removed from the building. 3) The Commission may want to place a time limit on the approvals at which time the use permit would be reviewed by the Modifications Committee. -5- tion 1 ,Ayes COMMISSIONERS \ :. g u s t 6, 1981 n Gtv of New R 4) The Commission may want to place a closing hour on the use permit, such as 12:00 midnight. MINUTES The public hearing opened in connection with this item and Mr. Sumets, the applicant, stated that he was in concurrence with the staff recommendations. Mr. Wilford, representing the Balboa Coves Community Association stated that the bar area has not be redesigned, but only redesignated, and therefore, may present an enforcement problem. He then suggested the following additional conditions: 1) That the use permit -be for a period of two years. 2) That no customer bar, nor bar type lounge shall be installed.. 3) That no beer or wine may be served to patrons except solely as an incidental food supplement. 4) Closing time shall be 12:00 midnight. Planning Director Hewicker referred to Mr.. Wilford's Condition No. 3 and stated that this would be difficult for the City to enforce. Commissioner Balalis stated that this project is no longer providing a bar and that the ser- vice of beer and wine will be incidental to the food service. Motion was made for approval of Use Permit No. 2005 with the findings and conditions of Exhibit "A" and the additional staff recommendations, including that the use permit be approved for -6- Oust 6, 1981 MINUTES a period of two years and that no customer bar or bar type lounge shall be installed, which MOTION CARRIED as follows: FINDINGS: 1. The proposed restaurant is consistent with the zoning map and the draft Local Plan and is compatible with surrounding land uses. 2. The Police Department has indicated that they do not contemplate any problems. 3. The project will not have any significant environmental impact. 4. The subject property is inadequate for the use of tandem parking spaces and valet ser- vice due to its limited size and singular access to West Coast Highway. 5. That the establishment,,maintenance or operation, of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to pro- perty and improvements in the neighborhood of the general welfare of the City. And further that the granting of the proposed modification for the tandem parking spaces with valet service is not consistent with the legislative intent of Title 20 of the Municipal Code. 6. The approval of Use Permit No. 2005 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neigh- borhood or be detrimental or"injurious to property and improvements in the neighborhood or the general welfare of the City. -7- Dust 69 1981 61 of NewD®rt Beach CONDITIONS: 1. That development shall be in substantial conformance with the approved plans,, except as noted below. 2.' That all mechanical equipment and rash areas shall be screened from West %,oast Highway and adjoining properties. MINUTES 3. That any parking lot lighting shall be de- signed so as to eliminate any light or glare upon surrounding properties and West Coast Highway. 4. That the existing parking areas shall be restriped utilizing the existing parking design. All parking spaces shall be in- dependently accessible and no valet service shall be provided in conjunction with the restaurant facility. 5. That the kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 401 of the Rules and Regulations of the South Coast Air Quality Management District. 6. That alcoholic beverages be served in such a.manner that no bottles or other containers will be removed from -the building. 7. That this approval shall be for a period of two years, and any extensions shall be sub- ject to the approval of the Modifications Committee. 8. That the closing time for the restaurant, shall be 12:00 midnight. 9. That no customer bar, nor bar type lounge shall be installed. -8- �s } COMMISSIONERS ' '""' April 22, 1982 ` MINUTES , � � e r m City of N t Beach 2.• Th irculation System Improvement described in Condit 1 above and the City -State improvements to the inte tion of Dover Drive'and West Coast Highway describe the Traffic Study, Page 11, ' Table 5 hall have made (unless subsequent project t >provals require dification thereto). The Circ_lation system Impr ants shall be subject to the approval of the ty Traffic Engineer. Request to delete Condition No- 9 of a previously Item #6 approved use permit that "allowed a change in the operational characteristics of an existing restaurant to include the service of alcoholic beverages. Said condition presently restricts the service of -alcoholic beverages at a bar or bar type lounge in conjunction USE PERMIT with the restaurant operation. N0. 2005 NDED1 LOCATION: Lots 74 and 15, Tract No. 1011, located at 4001 West Coast Highway, on' the 'southerly side of West Coast between Newport Boulevard and Highway Balboa Boulevard, adjacent to Balboa Coves. APPROV CONDI- TTONVL ZONE: • C-1-H APPLICANT: Royal Thai Cuisine Inc., Newport Beach' OWNER: Mary Howard, Newport Beach The public hearing opened in connection• with this item. and Mr. Sumet Tila, representing the Royal Thai Cuisine, appeared before the Commission and requested approval of this application. Eva Motion Ayes Noes April 22, 1982 itv of Newport Beach Commissioner Beek stated that the request for the bar was specifically excluded the last time this item was heard. He stated that the provision that the bar is only incidental to the service of food, is difficult to enforce. He stated that there is inadequate parking on the site and the addition of the bar will only increase the parking and traffic congestion in the area.. Mr. Bill Laycock, Current Planning Administrator, stated that the bar currently exists, as it was'to be a service bar only. He stated that the major concern at the last hearing on this item, was the opposition of the Balboa Coves Community Association: He stated that the Balboa Coves Community Association has now indicated their approval of -the applicant's request. Motion was made for approval of Use Permit No. 2005 (Amended), subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: MINUTES 1. That the proposed conversion of an existing dining area into a'bar and bar type lounge, to be used in conjunction with, and incidental to, the existing restaurant use, will not increase the intensity of use of the subject restaurant. 2. That the Balboa Coves *Community Association has indicated its approval of the -applicant's•request to establish a•bar and bar type lounge in the existing.restaurant, provided it is operated as an incidental use to the primary restaurant operation. &;M: 2K04 ' MINUTES t CpM/w$SIONERS ? April 22, 1982 �eN rt Beach e gm 3s m it • � 8. o s a a ; INDEX ROLL CALL 3. The approval of Use Permit No. 2005-(Amended)•will not, under the circumstances of this case, be detrimental to the health, safety,. peace, morals, j comfort and general welfare of persons residing and working' in the neighborhood or be detrimental or injurious to property a d improvements in the neighborhood or the general welfare of the City. - CONDITIONS: 1. That all . previous applicable conditions of approval of Use Permit No. 2005 shall remain in effect, except as noted below. - 2. A%at the proposed customer bar and bar type lounge shall be in substantial conformance with the submitted floor plan. I 3. That the service of- alcoholic beverages in the 'restaurant facility shall remain incidental to the •primary function of providing food to customers. • * a e ' I -21- µ r A /Biurock ARCHITECTS & ENGINEERS TO: Rick Edmistor City Traffic Engineer City of Newport Beach DATE: August 25,1989 FROM: Thomas Blurock, AIA Architect RE: Valet Parking Royal Thai Restaurant As you are aware, the Royal Thai Restaurant is making an application to the City to operate Valet Parking from their existing location on North Pacific Coast Highway, Newport Beach. This application is primarily in response to the removal of on street parking which will occur as part of the widening of PCH As we have discussed, the Royal Thai occupies a building which is far short of the in parking required for a restaurant of its size and thereby has depended on street parking for its successful operation. The removal of on -street parking will therefore severely impact the viability of the restaurant Valet Parking is therefore necessary to mitigate It effects of the PCH widening. As we discussed the following represents the proposed operation of the Valet Parking operation of the Royal Thai: On -Site Facilities: In working with your office, there are two potential configurations for the on -site drop-off /pick up area The first is six parking spaces along the back wall of the drop-off area as shown on the large drawing submitted with the application. The second is a circular turn around as shown on the attached sheet. The restaurant will work with the traffic engineers office once the valet service is in operation to determine which of these configurations is best. Off -Site Facility:_ The restaurant proposes to use a public parking lot at the comer of PCH and Superior for storage of cars in the valet operation. This lot is being built as part of the PCH widening project, 'specifically to replace lost on -street parking. Valet Operation: A somewhat unconventional valet operation will need to be employed at the Royal Thai because of the distance from the restaurant to the public lot. We are proposing to use a shuttle van to ferry valets between the lot and the restaurant. The valet, the van and the restaurant will employ walkee/talkees to communicate between themselves and coordinate their efforts. This may have a positive effect in that the longer distance between the restaurant and lot will require valets to ride the van between points, rather than go on, foot. There will be, no necessity for a valet to cross PCH, eliminating a safety hazard which has concerned the City in the past. There will need to be enough valet attendants to have some stationed both at the restaurant and at the remote lot at most times to provide good service to restaurant patrons. Since the concept is somewhat experkmental, it is difficult to determine how many attendants this will require. The Royal Thai will again work with the City, if necessary, to insure the system works smoothly. Thomas Blurock 1001 WEST 17TH STREET, UNIT F • COSTA MESA, CA 92627 • (714) 646-9373 , 1 u I VALF-T 5r;&TION VALET PARKIN(- DI oPtt®tit it 40,; 1 WFPW Ei a rJ m --i. . " CW MINUTES COMMISSIONERS September 21, 1989 7� CITY OF NEWPO RT BEACH LOLL CAtJ- Motion Ayes Absent I* Req st to review a previously approved use permit which permit d the construction of the Edgewater Place complex, including the Parker's Seafood Grill with on -sale alcoholic beverages d live entertainment, and the Edgewater Place parking stni re on property located in the C-1 District. I,OCATiOI ; Lots 1-3, 7-12, an unnumbered lot, all in lock 3 of the Balboa Bayside Tract; Lots 22 23, Block A of the Bayside Tract, loca d at 309 Palm Street on the northerly side o East Bay Avenue between Palm Street a Adams Street, in Central Balboa. ZONE: C-1 APPLICANT: BA Mortgage d International Realty Corporation, -San Cisco OWNER: Same as applicant James Hewicker, Planning Director, stated at staff has requested that this item be continued to the Octo er 19, 1989, Planning Commission meeting. Motion was made and voted on to continue this item the October 19, 1989, Planning Commission meeting. MO N CARRIED. e Permit No 2005 (Amendedl(public Hearing) I Item No.3 Request to amend a previously approved use permit which I UP2005A permitted the service of on -sale alcoholic beverages in Approved conjunction with an existing restaurant on property located in the C-1-11 District. The proposed amendment involves a request to establish a valet parking service in conjunction with the existing restaurant. The valet service intends to utilize available parking ortheasterly aces in a proposed Superoral PAve ue Lotlocated cWes at the Coast Highway. 12 oZ rZ- MINUTES 'C'OMMISSIONERS "r ,o September 21, 1989 ClTy OF POEWPOR T BEACH INOEX ROLL CALL LOCATION: Lots 74 and 75, Tract No. 1011, located at 4001 West Coast Highway, on the southerly side of West Coast Highway between Newport Boulevard and Balboa Boulevard, adjacent to Balboa Coves. ZONE: C-1-H APPLICANT Sumeth Tila, Newport Beach OWNER: Mary Howard, Newport Beach in response to a question posed by Commissioner Debay regarding the entrance into Balboa Coves, Don Webb, City Engineer, explained that the entrance is currently being reconstructed and has been moved to a temporary site. In response to a question -posed by Commissioner Pers6n regarding the proposed Municipal Parking Lot located at the northeasterly corner of Superior Avenue and West Coast Highway, Mr. Webb explained that the Coastal Commission required the City to provide off-street parking spaces that will be lost when West Coast Highway is widened. In response to a question posed by Commissioner Glover, James Hewicker, Planning Director, replied that there is no policy concerning valet parking permitted in a Municipal Parking Lot. Commissioner Edwards asked if the applicant would have sole utilization of the Municipal Parking Lot. Mr. Webb explained that no parking spaces will be guaranteed in the Municipal Parking Lot for the valet service, and if parking meters are installed, the applicant will be required to place money in the meters. In response to Commissioner Edwards' questions regarding the distance between the subject site and the Municipal Parking LAt, Mr. Hewicker explained that the route as indicated in the staff report would be 1.4 miles from the subject site to the Municipal Parking Lot, and the return route would be .9 miles. Commissioner Edwards and Mr. Hewicker discussed the availability of sites that could be considered for valet parking in addition to the Municipal Parking Lot. Commissioner Pers6n commented that he was not aware of any available parking along West Coast Highway or Superior Avenue. -7- a3 'C-OMMISSIONERS ROLL CALL MINUTES September 21, 1989 The public hearing was opened in connection with this item, and Mr. Sam Tila, applicant, appeared before the Planning Commission. Mr. Tila concurred with the findings and conditions in Exhibit "A'. In response to a question posed by Commissioner Edwards, Mr. Va replied that the valet service would become effective after v est Coast Highway is widened and the Municipal Parking Lot is constructed. Commissioner Debay addressed the loss of off-street parking because Balboa Coves will not renew the restaurant's parking agreement on the adjoining lot. Mr. Tila explained that he is negotiating with Avon -Rent-A-Car and Balboa Coves regarding additional parking spaces. Mr. Hewicker stated that inasmuch as Avon -Rent-A-Car is operating under a use permit, the business is not allowed to permit parking for other uses. Mr. Paul Garver, 25 Balboa Coves, appeared before the Planning Commission. Mr. Garver opposed the application for the following reasons: that the valets will make a V' turn on West Coast Highway at the entrance to Balboa Coves to turn west instead of following the projected route to the Municipal Parking Lot; that the applicant installed a bar in the restaurant despite opposition at the April 22, 1982, Planning Commission meeting; that grease runs down the rear facade of the building; that bar patrons toss litter into Balboa Coves; that restaurant patrons will use the Balboa Coves entrance; and that Balboa Coves residents should not be held responsible to provide restaurant parking because Cal -Trans is widening West Coast Highway. Commissioner Pers6n referred to Condition No. 6 in Exhibit "A' which states that the Planning Commission may add to or modify conditions, or revoke the use permit, upon a determination that the use permit is detrimental to the community. Mr. Garver indicated his awareness of Condition No. 6. In response to numerous questions posed by Commissioner Pers6n, Mr. Garver replied that he was not a member of the Balboa Coves Community Association's Board of Directors; that the Association has advised the applicant that they will not negotiate an extension of the current parking agreement with the restaurant on the adjoining lot; and the restaurant does not have a negative impact on the residents if the conditions of approval are maintained. Commissioner Pers6n requested that the residents 10 INDEX afi .iis . MINUTES 'COMMISSIONERS ROLL CALL September 21, 1989 J inform the Planning Department if the restaurant is not complying with the conditions of the use permit. In response to questions posed by Commissioner Edwards, Mr. Garver explained that adjacent to the restaurant is. a small parking lot that will be used by the valets and restaurant customers as well as the entrance to Balboa. Coves. Mr. Garver described the Balboa Coves exterior wall that will remain and the proposed stepped -down entrance wall. Ms. Jill Lindsay, President of the Balboa Coves Community Association, appeared before the Planning Commission. Ms. Lindsay stated that inasmuch as the applicant's parking agreement with Balboa Coves has a no valet parking provision, the Association would reclaim the property. She stated that $17,500.00, which is what it will cost to construct the sound wall, will be paid to the City no later than June, 1991. She stated that the lease agreement for the triangle piece of property that was leased to the applicant for parking purposes will expire in May, 1991. Ms. Lindsay and Commissioner Pers6n discussed the community's poor relationship with the restaurant, and the responsibility of the community to contact the Planning Department. Mr. Hewicker advised that the City does not enforce contractual agreements between parties; however, the City does enforce conditions that have been imposed on a use permit. In response to a question posed by Ms. Lindsay regarding the City's responsibility with respect to the valet service, Robin Flory, Assistant City Attorney, explained that there would be no liability to the City,, and the conditions imposed would provide immunity. Ms. Flory stated that the restaurant's responsibility is to obey the traffic laws regardless of the conditions imposed by the City. Commissioner Edwards asked if there is absolute immunity or is it the City's position that there would be absolute indemnification. Ms. Flory replied that immunity is the primary issue. In response to questions posed by Commissioner Edwards, Ms. Lindsay described the gravel area surrounding the restaurant where she has seen patrons park their automobiles. She stated that valet parking would alleviate the residents' concerns as long as the valet service does not enter the Balboa Coves community. 0 INDEX awl �•,j, rNJ1' • try MINUTES COMMISSIONERS September 21, 1989 ROLL CALL In response to a question posed by Commissioner Glover, Ms. Lindsay replied that Balboa Coves will be a gated community with a, security gate, and a gate house will be constructed. Ms. Lindsay described how restaurant patrons could enter the entrance area and "trip" the signal detector. In response to a question posed by Commissioner Glover, Don Webb, City Engineer, explained that the streets within Balboa Coves are private, and the entrance area to West Coast -Hi ghway is also private. He explained that the City is requiring the entrance area to Balboa Coves be constructed at the rear of the restaurant property so it does not interfere or impede the traffic on West Coast Highway. Commissioner Debay, suggested that if the restaurant would have been considered a good neighbor to the residents, that maybe a compromise could have been made between the two parties. Ms. Lindsay commented that the Association wants to take back the property that was leased to the restaurant so as to beautify the area. Commissioner Debay commented that the residents purchased their residential property after the restaurant had already been established, that the applicant is concerned about the restaurant's economic life, and she referred to the wide expanse of asphalt within Balboa Coves that is not being utilized for landscaping• Ms. Lindsay stated that Balboa Coves owns the triangular piece of property adjacent to Avon -Rent-A-Car, and stated that the Association has no intention of renewing the applicant's lease in 1991. Mr. Tom Orlando, 15 Balboa Coves, appeared before the Planning Commission to state his opposition regarding valet parking. Mr. Orlando stated that the residents of Balboa Coves objected to the sale of liquor because of problems that go along with a bar and lounge, and the objection was written into the Association's lease with the applicant. Mr. Orlando objected to the April 22, 1982, Planning Commission minutes stating that residents of Balboa Coves did not object to the bar and lounge when the Commission gave approval for the lounge. He maintained that the residents only gave permission for a liquor license and not for a lounge a standup bar. Mating from the restaurant into Orlando further objected to the odors eman the residential area. He expressed concerns that if the restaurant patrons turn their vehicles around in the entrance area to Balboa Coves, the residents will be required' to provide evidence to the Planning Department. Commissioner Pers6n explained that the -10- INDEX a6 COMMISSIONERS \ MINUTES o d September 21, 1989 CITY OF NEWPORT BEACH INDEX ROLL CALL residents would be required to only contact the Code Enforcement Officers in the Planning Department to investigate the violations. Mr. Hewicker referred to a letter from Sandy Wilford, a member of the Board of Directors of Balboa Coves Community Association, dated April 12, 1982, stating that the to allow the service of hard liquor at the bar Association agreed under specific conditions, and the letter further stated that the residents considered the applicant to be a good neighbor. Mrs. Barbara Garver appeared before the Planning Commission to state her objections and concerns that the restaurant patrons will use the entrance at Balboa Coves to make a westerly turn into West Coast Highway. Commissioner Glover maintained that if A piece of property is is way to keep the public off of private and not gated, there no the property. Planning Co Mr. Tila reappeared before the Commission in response to the foregoing concerns. Mr. Tila stated that the restaurant's customers are not parking illegally or blocking traffic going into Balboa Coves; however, they are parking in a gravel area that the impression that the area is not being utilized. Mr. Tila gives stated that the restaurant did not start serving hard liquor at the bar until 1984 or 1985. He commented that there were litter problems when the restaurant was Howard's Restaurant but the littering ceased when the current operation commenced. Mr. Tila objected to the alleged grease at the rear of the building; that the residents are only considering their property investments; that the restaurant will be out of business if parking cannot be provided; and 99 percent of the customers are from Newport Beach and not Huntington Beach. Commissioner Pers6n explained the foregoing Condition No. 6 to the applicant, and any complaints from the community with respect to parking, noise, odors or grease could require a further review of the use permit. Mr. Tila indicated that only the new residents are complaining, however, he has had a good relationship with the residents who have lived in the community for many years. Mr. Tila addressed the expense that would be incurred if he had to satisfy one neighbor's concern with respect to odor, and he commented that the Air Quality Control Inspector visits the restaurant regularly. Mr. Tila further stated that he has been approached by a member of the community to sell his property. Commissioner Pers6n explained that the -11- •COMMISSIONERS ,o o ROLL CALL MINUTES September 21, 1989 CITY OF NEWPORT BEACH INDEX community does not have the ability to remove the restaurant without proof, and he suggested that the applicant and the neighbors cooperate. W. Tom Blurock, representing the applicant, 223 - 34th Street, appeared before the Planning Commission. Mr. Blurock stated that the applicant is fighting for his economic life. He commented that he has been a restaurant patron for many years and the operation is not as bad as what has been portrayed during the public hearing. Mr. Blurock stated that inasmuch as the restaurant's parking is being removed because of the widening of West Coast Highway, the valet service and the use of the Municipal Parking Lot is the restaurant's only option. Mr. Blurock stated that the gated entrance to Balboa Coves will prohibit the patrons from disturbing the neighbors. Commissioner Debay asked if the restaurant patrons parked their own automobiles in the Municipal Parking Lot, would the shuttle take them to the restaurant. Mr. Blurock replied that the service would be no problem, that the applicant is cooperating with the City to streamline the process, and a form of communication will be installed between the restaurant and the van. Mr. Blurock and Commissioner Pers6n discussed the severity of the situation between the restaurant and the neighbors. Commissioner Edwards stated his concern is that the proposed Municipal Parking Lot will service the general public, and will subsidize a restaurant. Mr. Blurock stated that the applicant attended a public hearing for the widening of West Coast Highway, and he was informed that the proposed Municipal Parking Lot was for the specific purpose of replacing on -street parking on West Coast Highway. Commissioner Edwards stated that the Planning Commission should not be as concerned about the applicant's economic life as the traffic hazard and traffic circulation. Mr. Blurock commented that the viability of the restaurant was affected by public action, and there were mitigation measures put into place to mitigate that action. Mr. Blurock concluded that the action is a direct cause and affect relationship. Mr. Webb stated that the Coastal Commission required the one for one replacement of parking spaces along West Coast Highway. He stated there was not a direct statement to the restaurant, however, the Coastal Commission was concerned that -12 / MINUTES September 21, 1989 CITY OF NEWPORT BEACH INDEX community does not have the ability to remove the restaurant without proof, and he suggested that the applicant and the neighbors cooperate. W. Tom Blurock, representing the applicant, 223 - 34th Street, appeared before the Planning Commission. Mr. Blurock stated that the applicant is fighting for his economic life. He commented that he has been a restaurant patron for many years and the operation is not as bad as what has been portrayed during the public hearing. Mr. Blurock stated that inasmuch as the restaurant's parking is being removed because of the widening of West Coast Highway, the valet service and the use of the Municipal Parking Lot is the restaurant's only option. Mr. Blurock stated that the gated entrance to Balboa Coves will prohibit the patrons from disturbing the neighbors. Commissioner Debay asked if the restaurant patrons parked their own automobiles in the Municipal Parking Lot, would the shuttle take them to the restaurant. Mr. Blurock replied that the service would be no problem, that the applicant is cooperating with the City to streamline the process, and a form of communication will be installed between the restaurant and the van. Mr. Blurock and Commissioner Pers6n discussed the severity of the situation between the restaurant and the neighbors. Commissioner Edwards stated his concern is that the proposed Municipal Parking Lot will service the general public, and will subsidize a restaurant. Mr. Blurock stated that the applicant attended a public hearing for the widening of West Coast Highway, and he was informed that the proposed Municipal Parking Lot was for the specific purpose of replacing on -street parking on West Coast Highway. Commissioner Edwards stated that the Planning Commission should not be as concerned about the applicant's economic life as the traffic hazard and traffic circulation. Mr. Blurock commented that the viability of the restaurant was affected by public action, and there were mitigation measures put into place to mitigate that action. Mr. Blurock concluded that the action is a direct cause and affect relationship. Mr. Webb stated that the Coastal Commission required the one for one replacement of parking spaces along West Coast Highway. He stated there was not a direct statement to the restaurant, however, the Coastal Commission was concerned that -12 / COMMISSIONERS ROLL CALL Motion @ MINUTES September 21, 1989 CITY OF NEWPORT BEACH the general public be provided the same number of parking spaces before and after the highway is widened. There being no others desiring to appear and be heard, the public hearing was closed at this time. in response to a request for clarification by Commissioner Edwards, Commissioner Pers6n explained that Condition No. 2 requires the applicant to fulfill all previously approved conditions for Use Permit No. 2005, and Condition No. 6 allows the planning Commission to add or modify conditions of approval or revoke the use permit if the conditions are not followed. Motion was made to approve Use Permit No. 2005 (Amended) subject to the findings and conditions in Exhibit "A". Commissioner Pers6n explained that he is aware that the automobiles must travel a great distance, however, the businesses were assured that the Municipal Parking Lot would be used to rectify the situation of losing parking spaces along West Coast Highway. He stated that the subject restaurant is one of the closest businesses to the proposed parking lot, excluding the Triangle Shopping Center at Superior Avenue and West Coast Highway. Commissioner Pers6n stated that if the applicant abides by the conditions of the use permit, there would not be a negative impact on the residents of Balboa Coves. He further explained that Condition No. 6 allows the Planning Commission to modify the conditions of the use permit, or to review the application at any time. Commissioner Glover supported the motion. She emphasized her concern with respect to the ability of the City to keep the public off of private property when the property is not gated. Commissioner Glover explained that she did not see how the customers of the restaurant could be prohibited from private property unless the property is gated. Commissioner Debay supported the motion. She commented that she has observed the public making "U" turns at the Balboa Coves entrance, however, they are not necessarily customers of the restaurant. She stated that the entrance is accessible and a problem, and she suggested that when Hoag Hospital installs the traffic signal and entrance that there is an adjustment made at that time. Commissioner Debay stated that the applicant should not be punished for the number of people that use the Balboa Coves entrance to make a "U" turn. She further stated that the -13- INDEX M y:, Cam► MINUTES COMMISSIONERS September 21, 1989 clT oI tiEWP0 EEACH _ 1NOEX I IO.L CALL Balboa Coves Community Association is adding to the problem by denying the renewal of the lease for restaurant parking spaces on the adjoining lot. Commissioner Debay suggested that the applicant could have requested tandem on -site orrr ng. anShe addressed Condition No. 6, the opportunity to succeed, and the restaurant's service to the community. Chairman Pomeroy stated that the valet parking, as proposed, will eliminate the complaints concerning parking and litter by the Balboa Coves residents. Commissioner Edwards addressed Condition No. 5 stating that the valet service shall be reviewed and approved by the City Traffic Engineer. Ayes * * * * Motion was voted on to approve Use Permit No. 2005 Noes * (Amended), MOTION CARRIED. Absent Findine: 1, That the operation of a valet parking service in conjunction with the existing restaurant will not create undue traffic hazards in the surrounding area. 2. That the restaurant site is of sufficient size so as to allow the use of a valet parking service without impacting the safe movement of traffic on West Coast Highway. 3. That the approval of Use Permit No. 2005 (Amended) 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. n ii n tial 1. onformaat thence with he approvedosed site plan/flooment shall be r except as noted below. 2. That all previous applicable conditions of approval for Use Permit No. 2005 shall be fulfilled. -14- �6 . .y..• h t }F,zj ,ti�, +• MINUTES .COMMISSIONERS September 21, 1989 ROLL CALL INDEX 3. That the valet parking service shall be limited to the nighttime dinner and weekend operation of the restaurant. 4. That the applicant shall obtain Coastal Commission approval of this application prior to the implementation of the valet parking service. 5. That the operation of the valet service shall be revie ed and approved by the City Traffic Engineer. 6. 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. 7. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. a a a The Planning Commission recessed at 8:45 p.m. and reconvened at 8:55 p.m. General Plan Amendment No 89 2(Q(Public Hearinel Item No.4 Request to amend the Land Use Element of the Ne ort Beach GPA 89-2K General Plan for the Bayside Drive Open Spac ea in order UP1681 to allow construction of a 3,740 sq.ft. addit' to the Balboa Yacht Club. Continued to INITIATED BY: The City of Ne ort Beach 10-5-89 rmi N 1 1 n e(Public He rin Request to am d a previously approved use permit which pernutted th expansion and alterations to the existing Balboa Yacht Cl on property located in the O-S District. The -15- CY OF NEWPORT BEACH __....,,.. ..�..e�e� MINUTES co 4 A GIN October 30, 1989 t 8 REQUEST TO APPROVE/FILL PERSONNEL VACANCIES: (Report from the City Manager) a) Three (3) Police Officers, Patrol Division. (b) One (1) Senior Equipment Mechanic, Equipment Maintenance Department. (c) a (1) Refuse Worker II, Refuse (d) One (1) Maintenance Man II, Cona to Crew. n (e) One (1 Executive Secretary, Buildin Department. (f) One (1) A sociate Civil Engineer, Public Wor s-Traffic Engineering Division. 9. STAFF AND COMMISSION REPORTS - nd approvals For Council informatNPIans. (a) Report from Asst City Attorney Ambulance recommending apl of an Sr�/Schaef- agreement to teto the contract er) between the CitSCHAEFER'S (22) AMBULANCE SERVI (b) Report from Citorn y Hazardous recommending trttal of a Wst Mgm letter to the Aey Ge eral supporting the e's po ition on the validity ofral Pla s which incorporate dised HAZ OUS WASTE MANAGEMENns. (c) Report from City Manager conce ing O/C Cngstn CONGESTION MANAGEMENT PLAN FOR Mg4 Plns ORANGE COUNTY. (5/+) For Council information and filing: (d) Report to the City Manager Planning regarding ACTIONS TAKEN BY THE Cmsn PLANNING COMMISSION ON OCTOBER 19, (66) 10. PUBLIC HEARING SCHEDULING: November 13, 1989.- (a) USE PERMIT NO. 2005(AMENDED) - U/P 2005(A) Ap eal of Ba oa Coves Community Appeal Associa-tionfromPlanning _ (88) Commission decision on September 21; 1989.� Volume 43 - Page 437 CITY OF NEWPORT BEACH MINUTES -o 0 ti p 4 p \G Zsp `6 9G 1� ����� tPN October 30, 1989 ` yY (d) Mrs. Anne Thomas Lundy alleging Lundy personal injuries as a result of trip and fall on September 22, 1989, at 211 N. Bayfront and Garnet Avenue. Kathleen A. McConville for damages to her rental vehicle alleging baseball from men's slo-pitch softball tournament at Bonita Creek Park on September 16, 1989, hit sublect vehicle while parked. McConville (f) bert H. Murphy alleging City Murphy p ckup truck backed into the front o his parked vehicle on Main St at on the Peninsula on Oct bar 2, 1989. '1 (g) Paci c Bell for damages, alleging Bell 50-pa r buried cable was severed by Griffi h Company on July 3, 1989 at 300 E. oast Highway, while widenin street for the City. (h) Jennifer omeroy alleging assault, Pomeroy battery, tc. by Newport Beach Police Off car on April 21, 1989 at Promontory oint. (i) Robert A. Ro a alleging damage to Rose vehicle as a esult of being struck on October 7, 989 at One Cherbourg by City street sweeper. (j) State Farm Insu nce Company for State Farm Jake Finney alle ng personal Ins/Finney injuries on Au gus 16, 1989, as a result of failure y City to maintain a public lkway at Alvarado and West B y. (k) Nelly Van Oordt and vier Van Van Oordt Oordt alleging person 1 injuries as a result of trip and 11 in hole in street at West Balb Boulevard and 14th Street on Apri 19, 1989. 1 7. SUMMONS AND COMPLAINTS - For nial and (36) confirmation of the City Clerk a referral to the claims adjuster (a) Delores Larson for personal Larson injuries, Orange County Sups for Court, Case No. 562889. Cla was denied by City Council on Jun 13, 1988. Volume 43 - Page 436 x " TY OF NEWPORT EACH CI COUNCIL MEMBERS Z i pp .9 . 9,y �S+0 G; g6 9y�j1 0 November 13, 1989 tp Open -Space area in order to allow construction of a 3,740 sq. ft. addition to the Balboa Yacht Club; f MINUS LOCAL COASTAL PROGRAM AMENDMENT NO. 22 - Request of BALBOA YACHT CLUB, Corona del Mar, to amend the Local Coastal Program Land Use Plan for the Bayside Drive Open Space area in order to allow the construction of 3,740 sq. ft. addition to the lboa Yacht Club. rty located at 1801 Bayside , on the southwesterly side of de Drive, southwesterly of E1 Drive; zoned 0-S. Report frok the Planning Department. Lee Riley, epresenting Balboa Yacht Club, addres ed the Council in support of the requelkt and stated he was available for questions. Council Member condition of ap the property ow provide on -site recyclables of newspapers, and picked up on a suggested a al be added, whereby would be required to eptacles for .inum, glass, t said materials be lv basis. Mr. Riley indicated e to the above conditi n City-wide program, b more appropriate as a use permit already exi property, rather than General Plan Amendment consideration. had no objection if it became a felt it would be ondition to the ting on the b add it to the Council Member Cox spoke gainst Council Member Watt's suggestion, nd stated he felt it was "totally unfai " to place this imposition on the prop rty owner when the City has not yet i tiated such a program for all residents. Susie Ficker, 110 9th Street, ddressed the Council in support of the alboa Yacht C1ub's request, and also Itated she was in favor of a City-wide recycling program. Hearing no others wishing to addr s the Council, the public hearing was cl sed. Volume 43 - Page 457 GPA 89-2(K) AY OF NEWPORT B CH '"COUNCIL MEMBERS Gays �G �� ti9 00� November 13, 1989 Motion All Ayes MINUTES was made to: (1) Adopt Resolution on No. _��o.121 approving General Plan Amen dmen o. 89-2(K) to amend the Land Use Element the General Plan for the Bayside Driv>Yacht ace area to allow construction0 sq. ft. addition to the Balboand (2) Adopt Resolution Napp wing an amendment to the Local Coast Program Land Use Plan for the Bayside D e Open Space area to allow construction o 3,740 sq. ft. addition to the Balboa Yacht Club. 8. Mayor Strauss opened the public hearing and City Council review o of n EAL BY BARB—R G R,Director, o_itfie — BA'IBO'A bOVES COMMUNITY ASSOCIATION, from on September 21, 1989, of USE PERMIT NO. 2005(AMENDED), a request of SIIMETH TILA, NewporC Beach,— to amend_a gieviously approved use ,permit which__permitted the_ service of on -sale alcoholic beverages in conjunction with an existing restaurant'located"a't 400r West -Coast Highway, on t e Bout erly side of West Coast Highway between Newport Boulevard and Balboa Boulevard, adjacent to Balboa Coves; zoned C-1-H. The proposed amendment u involves a re q est_to establish a valet parking service in conjunction with the existing restaurant. The valet service intends to utilize available parking spaces in a proposed Municipal Parking Lot located at the northeasterly corner of Superior Avenue and West Coast Highway. Report from the Planning Department. Appeal application of Balboa Coves Community Association. The City Clerk advised that after the agenda was printed, two letters were received from residents of Balboa Coves in support of the Royal Thai's request for valet parking. It was noted that the applicant desires to establish a valet parking service utilizing available parking spaces in a proposed Municipal Parking Lot located at the northeasterly corner of Superior Avenue and West Coast Highway. The request is a result of lost parking places along Coast Highway due to its widening. Volume 43 - Page 458 Res 89-121 Res 89-122 U/P 2005(A) (88) �') RTY OF NEWPORT B�" CH COLiTNCIL MEMBERS 00 pZ �o v� GNP November 13, 1989 !OLL CALL �Z MINUTES Sumeth Tila, Applicant, 4001 W. Coast Highway, addressed the Council in support of his request, and stated the restaurant has been in operation for eight years. The restaurant has never had a problem with the City; has a good relationship with Balboa Coves Community Association, and has 20 years left on the lease. Since the widening of Coast Highway, 20 parking spaces have been lost, and therefore, he would like to operate a valet service. The lease he has with Balboa Coves Community Association for off -site parking expires in approximately two years and he has been informed that the lease will not be renewed by the Associations. He submitted three additional letters from residents of Balboa Coves in favor of his request for valet parking, and requested that the appeal be denied. Gary Douglas, 21 Balboa Coves, addressed the Council in support of the appeal. He stated that due to the lost parking spaces on Coast Highway, he felt patrons will be parking in the Balboa Coves area or Hoag Hospital lot across Pacific Coast Highway. He displayed a diagram showing the restaurant site in relation to Balboa Coves and the Hoag Hospital lot, and stated that a public safety factor is involved and should be considered, inasmuch as people will be making a U-turn at the entrance to Balboa Coves at the same time residents will be exiting from the Coves area. Tom Bluerock, 223 34th Street, addressed the Council in support of the -Royal Thai's request for valet parking, stating the future of Mr. Tile's business is at stake and that he should be given the opportunity to try the valet service. Jill Lindsay, 4 Balboa Coves, President, Balboa Coves Community Association, addressed the Council in favor of their appeal. She stated she felt the Planning Commission did not focus on the "real" issue when this matter was before them; that in many instances Mr. Tila has not cooperated with residents of Balboa Coves regarding parking; the proposed valet parking service will be dangerous; and the request should be denied. Volume 43 - Page 459 U/P 2005(A) C-(TY OF NEWPORT B�4UH MINUTfib. • a Motion Ayes Noes Motion All Ayes x November 13, 1989 In response to question raised by Susie Ficker, resident, it was noted that the streets inside Balboa Coves are private and not public. Hearing no others wishing to address the Council, the public hearing was closed. Mavor Pro Tem Plummer stated that even X X she felt the Royal Thai,restaurant_was a definite_'"upgrade'from the 24-hour Ho` ward s restaurani that wan the_site ct,< felt that Mr. Tila has n L R U/P 2005(A) Mayor Strauss opened the public hearing PW/Finley regarding report on cost of work Tr Recnstr accomplished under Chapter 27 of the C-2462 Improvement Act of 1911 (FINLEY TRACT (38) TREET RECONSTRUCTION [CONTRACT NO. 2 623). Rep t from the Public Works Department. Hearin no one wishing to address the Council, the public hearing was closed. Motion was made to approve the report; and adopt R solution No. 89-123 confirming t e assessments; overruling any protests t allowed; assessing the cost against th benefitted properties; and providing th t the assessments may be paid per payme t schedule (Exhibit A), approved Decem r 12, 1988 by the City Council. E. PUBLIC COMMENTS: Susie Ficker, 110 9th St et, addressed the Council and received c arification of the Planning Department' report on the consent calendar regards 4 proposed General Plan Amendment No. 89, Balboa Peninsula Study. Volume 43 - Page 460 Res 89-123 1 A