HomeMy WebLinkAboutEXC052_EXCEPTION PERMIT #52, 3334 W COAST HWY, ARCHES RESTAURANTF"*CEPITON PERMIT APPATION
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658-8915
(714) 644-3200
RECEIVED BY 0 No. &eJ`�
PLANNING DEPARTMENT Application Redd by:
CITY OF NEWPORT BEACH Fee: $-
OCT 1 :'A1997 pu
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APPLICANT (Print)ARCHES RESTAURANT, INC. PHONE
714-645-7077
MAILING ADDRESS 3334 WEST COAST HIGHWAY, NEWPORT BEACH 02663
PROPERTY OWNER 1%%QuyKei 1p4yUlG5 PHONE
MAILING ADDRESS �Yq W. &V
ADDRESS OF PROPERTY INVOLVED 3334 & 3400 WEST COAST HIGHWAY, NEWPORT "CH
PURPOSE OF APPLICATION (describe fully)
4i)�1
PRESENT USE
LEGAL DESCRIPTION OF PROPERTY INVOLVED (if too long, attach separate sheet):
IRVINE SUB LOT 170 BLK 2
PARCEL NUMBER 049-110-01 8 5 07-001
Why will proposal not be contrary to the purpose of the Sign Ordinance?
See a
Exceptional or extraordinary circumstances involved?
Sec ettP
Why is an exception permit necessary to protect a substantial property right`!
See -4-m -- cQ
Why will proposal not be detrimental to the neighborhood?
Sec, aA &EL' _1
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OWNER'S AFFIDAVIT
(I) (We)
the owner(s) of the property(ies) involved in this
perjury, that the foregoing statements and ans
submitted are in all respects true and correct to
herein
-st of �
m
- depose and say that (I am) (we are)
(We) further certify, under penalty of
wined and the information herewith
(our) in}cf)rledge and belief.
�— R—
NOTE: An agent may sign for the owner if written author" atiur ft m he record owner is filed with
the application.
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DO NOT COMPLETE APPLICATION BELOW THIS LINE
Date Filed 16• 1,4 -9'1 Fee Pd. � Receipt No.
Hearing Date 1o2��lCI%
P.C. Action aDate
Appeal C.C. Hearing
C.C. Action Date
0 0
City of Newport Beach
Planning Commission Minutes
December 4,1997 INDEX
SUBJECT: Arches Restaurant, Inc.
Item No. 1
3334 and 3400 West Coast Highway
Ezce`ptiori Permit ,
• Exception Permit No. 52
No, 52
Request to allow the retention of two temporary signs (banners), one
Approved
mounted at the front of the building and the second mounted on an
existing pole sign, in conjunction with an existing restaurant. The duration
will be consistent with the construction schedule of the Arches Bridge
widening construction project. The application will also allow for
relocation of the temporary signs on the subject property in response to
changes in the construction project which may affect the effectiveness
of the sign placement.
Public Comment was opened.
Dan Marcheano, owner and operator of Arches Restaurant, 3334 and
3400 West Coast Highway spoke in favor of this request stating that
since the interchange construction began he has lost business,
especially during the lunch hour. As a result, he has come up with some
promotions for specialty items for his restaurant. Therefore, he is asking
to retain the two temporary banners that are currently in place. These
banners will be used to advertise the specific promotions during the
construction period. At Commission inquiry, he stated that he has read
all the findings and conditions in the staff report and understands and
agrees to them.
Public comment was closed
Motion was made by Commissioner Ridgeway to approve the
Exception Permit No. 52 with the findings and conditions as stated in
Exhibit A.
Ayes: Puller, Ridgeway, Selich, Kranzley, Gifford, Adams and
Ashley
Noes: none
Absent: none
SUBJECT: Rockwell SemiconductorSystems, Inc. (Richard
Item No. 2
Bluth, contact)
Amendment No. 867
431"1" Jarn oree Road
• Amendment, 0.867
Amend the Koll Center Planned Community D— rict,..Regulations to
Continued to
increase the height limit within Light Industrial Site 1 from 75Ifeet to 150
1/22/98
feet. .....
__
CITY OF NEWPORT BEACH
Planning Commission Minutes
December4, 1997
Regular Meeting - 7:OO p.m.
Commissioners Fuller, Ridgeway, Selich, Kranzley, Gifford,
Adams and Ashley - all present
Patricia L. Temple"Planning Director
Robin Ciauson, Assisi nt City Attorney
Rich Edmonston, DevlopmentServices Manager
Patrick Alford, Senior Pi .ner
Ginger Varin, Planning Cgmmission Executive Secretary
Minutes of November20.1997:
Motion was made by Commissioner Selich and voted on to approve, as
written, the November20,1997Piannin Commission Minutes.
Ayes: Fuller, Ridgeway, Sellch^4Kranzley, Gifford, Adams,
Noes: none
Absent:
Abstain: Ashley
Nib
Public Comments none
n
,y
Posting of the Agenda: R' `
The Planning Commission Agenda was posted on Friday, November 26,
1997 outside of City Hall.
Minutes
Approved
Public Comments
Posting of the Agenda
• f,�r,pRT CITY OF NEORT BEACH Hearin ate: December 4, 1997
COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 1
u = PLANNING DEPARTMENT Staff Person: Javier S. Garcia
gtisan+r 33o NEWPORT BOULEVARD 644-3206
NEWPORT BEACH, CA 92658
(7 4) 644'3'WO7 FAX (714) 644'3250
REPORT TO THE PLANNING COMMISSION
PROJECT: Arches Restaurant, Inc.
3334 and 3400 West Coast Highway
PURPOSE OF
APPLICATION: Request to allow the retention of two temporary signs (banners), one
mounted at the front of the building and the second mounted on an existing
pole sign, in conjunction with an existing restaurant. The duration will be
consistent with the construction schedule of the Arches Bridge widening
construction project. The application will also allow for relocation of the
temporary signs on the subject property in response to changes in the
construction project which may affect the effectiveness of the sign
placement.
ACTION: Approve, modify or deny:
• Exception Permit No. 52
LEGAL
DESCRIPTION: Portion of Lot No. 170, Block 2 of the Irvine Subdivision
ZONE: SP-5 District (Mariner's Mile Specific Plan Area)
OWNER: Marianne Brooks, Newport Beach
Points and Authority
• Environmental Compliance (CalifomiaEnvironmental Quality Act)
It has been determined that the project is categorically exempt under Class 11 (Accessory
Structures).
Conformance with the General Plan and the Local Coastal Program
The Land Use Element of the General Plan and the Local Coastal Program designate the
subject property for "Retail and Service Commercial" uses. The subject temporary signs are
a permitted use within this designation because they are ancillary to the permitted restaurant
use. The proposed signs do not result in an intensification of use which requires Coastal
Commission review or approval.
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Exception Permit No. 52,
t SubiectPropertvandSurrounding Land Uses
Currenttievelopntent•. The site is occupied by four freestanding structures which include a liquorstore,
rebtaurantand two accessory buildings which serve those two,uses. There is also
surface parking on -site which serves both uses.
To the north: across Santa Ana Avenue, are residential uses.
To the east: is Chili's Restaurant, office uses and related surface parking.
To the south: across West Const 11igh%%ay, are commercial uses.
To the west: across Old Newport Boulevard is the Arches Interchange (Coast
13ighwayfNewportBoulevard Interehange,aka Arches Bridge)
G\eeption Permit No. 52
Page 2
C
• Exception Permit procedures are set forth in Chapter 20.67 of the Municipal Code.
Background
The Planning Department approved the placement of two temporary banners on February 1, 1997,
for a duration of 45 days. The temporary banners have recently been re -installed, and the applicant
has filed this application to retain the signs for a duration longer than the typical 45 days allowed
for temporary signs provided in the Sign Code.
Chapter 20.67.045, allows for deviations Sign Code limitations, provided that an Exception Permit
is approved by the Planning Commission.
Analysis
The applicant requests to allow the retention of two existing temporary signs to offset negative
impacts caused by the Arches Interchange construction project. The signs measure 3 feet 6 inches
by 3 feet 6 inches with 12 sq.ft. of copy area, and 8 feet by 3 feet 6 inches with a copy area of 28
sq.ft. Both are non -illuminated. The proposed signs are provided in addition to the existing wall
and pole signs of the project which will not be altered.
Duration
The applicant wishes to retain the temporary banners for the duration of the Arches Interchange
construction project. Staff is of the opinion that the construction is having a detrimental effect on
this business by adversely impacting the visibility of the businesses from vehicles traveling on
Coast Highway. Therefore, staff has no objection to the proposed duration and has included a
condition to that effect.
Illumination
The signs as proposed are non -illuminated temporary banners. Staff believes that these non -
illuminated signs do not pose a distraction to motorists on Coast Highway since they have been
in place since February with no complaints or the creation of any traffic hazards. Staff has
recommended that the signs remain non -illuminated.
Sign Location
The applicant has proposed to retain the signs in their existing locations but may wish to relocate
the signs if the Arches Bridge construction project warrants. Staff agrees that changes in lane
closures on Coast Highway caused by the Arches Interchange construction project may affect the
effectiveness of the existing placement of the temporary signs. Therefore, staff has recommended
a condition of approval to allow the applicant to relocate the two temporary signs elsewhere on
Exception Permit No. 52
Page 3
the property, subject to the approval of the Planning Director. Staff has also recommended that
the Planning Director be authorized to require relocation of the temporary signs in response to
safety issues related to sight distance or distraction to motorists.
Applicant's Statement of Support
In accordance with Section 20.67.045B of the NewportBeach Municipal Code, in order to grant an
exception permit, the Planning Commission must find that the granting of such permit is necessary
to protect a substantialpropertyright, will not be contrary to the purpose of Chapter 20.67, and will
,not be materially detrimental to the health, safety, comfort or general welfare of persons residing in
the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or
to the general welfare of the City.
In response to the above requirements, the applicant has provided the following statements in
support of the application:
1. YVhv will the proposal not be contraryto o the purpose of the sign ordinance? "The purpose
(of the Sign Code) is to provide means for adequate identification and advertisement of
businesses by regulating the design and location of signs. Construction activity for the
Arches Interchange will interfere with identification of the Arches Restaurant via its usual
signs, and banners are needed to supplementthe permanent signs duringconstruction."
2. What exceptional or extraordinary circumstances are involved? "Interchange construction
requires closure of lanes directly in front of access points to the restaurant. Construction of
new bridge support structures may temporarily block public view of the restaurant and its
permanentsigns from Newport Boulevard and eastbound Coast Highway traffic."
3. Why is an exception permit necessary to protect a substantial property right? "Without
additional signage during the interchange construction period, the Arches Restaurant will
not have the same ability to identify and advertise as other businesses in the City. Because
of its very close proximity to the construction, the Arches' ability to be seen and accessed
will be affected more than other businesses in the general vicinity of the construction
project. The constructionproject may give the appearance that the restaurant is not open for
business, and extraordinary signs are needed to make it obvious that the restaurantis open."
4. Why ivill the proposal not be detrimental to the neighborhood? "The request is for a
temporary addition of signs during the construction period, and will not result in additional
permanent signs. The temporary signs requested are banners, which will not result in
additional lighting in the area. The construction project will disrupt the appearance of the
area."
Exception Permit No. 52
Page 4
0 •
Required Findings
Section 20.67.045 B of the Zoning Code sets forth the findings which must be made in order for
the Planning Commission to grant an exception permit, as follows:
the granting of such permit is necessary to protect a substantial property
right, will not be contrary to the purpose of this chapter..., and will not be
materially detrimental to the health, safety, comfort or general welfare of persons
residing in the neighborhood, or to the general welfare of the City. "
The Sign Code chapter states the purpose:
"to safeguard life, health, property and the public welfare, and to provide the
means for adequate identification and advertisement of business by regulating
and controlling the design, location and maintenance of all signs and sign
structures in the City. "
Facts which support the granting of an exception to the provisions of the Sign Code:
• Construction activity for the Arches Interchange interferes with identification of the Arches
Restaurant via its usual signs, and banners are needed to supplementthe permanent signs during
construction.
• Interchange construction requires closure of lanes directly in front of access points to the
restaurant.
• The placement of forms for the construction of new bridge support structures temporarily block
public view of the restaurant and its permanent signs from Newport Boulevard and Coast
Highway traffic.
• The Arches Restaurant is the most highly affected restaurant use in the vicinity since it is
located closer to the constructionthan any other restaurant use.
• The temporary signs are only for placement during the Arches Interchange construction
project and will not be a permanent addition of signs for the project.
• The signs are non -illuminated which minimize the potential for the signs to distract motorists
and create a traffic hazard.
• The conditions of approval allow the Planning Director to require the removal or relocation
of the signs in response to changing conditions affected by the Arches Bridge widening
project or in response to safety issues related to sight distance or distraction to motorists.
Action
Should the Planning Commission wish to approve Exception Permit No. 52, the findings and
conditions of approval set forth in the attached Exhibit "A" are suggested.
Exception Permit No. 52
Page 5
Staff cannot reasonablyconceive of findings for denial since the proposed temporary signs are in
response to the impacts of the Arches Interchange construction project does present extraordinary
circumstances that decrease the restaurant's visibility and access. Additionally, continued use of the
temporary signs does not appear to have any detrimental effect on the surrounding neighborhood
since they have been used previously with no problems or complaints. 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.
Submitted by:
PATRICIAL. TEMPLE
Planning Director
Prepared by:
JAVIER S. GARCIA, AICP
Senior Planner 1
Attachments: Exhibit "A"
Letter from the Applicant
Plot Plan, and Sign Elevations
1 `J
BUS ERSTLNOIARED\IPLANCOM I 99M 204PMEUMOC
Exception Permit No. 52
Page 6
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
Exception Permit No. 52
Findings:
1. That the Land Use Element of the General Plan and the Local Coastal Program designate
the site for "Retail and Service Commercial" uses. Restaurant and retail uses with
associated signs are permitted within this designation.
2. That 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 11
(Accessory Structures).
3. That the approval of this Exception Permit to allow the temporary signs, is necessary to
protect a substantial property right and will not be materially detrimental to the health,
safety, comfort or general welfare of persons residing in the neighborhood, or to the general
welfare of the City for the following reasons:
• Construction activity for the Arches Interchange interferes with
identification of the Arches Restaurant via its usual signs, and banners
are needed to supplement the permanent signs during construction.
• Interchange construction requires closure of lanes directly in front of
access points to the restaurant.
• The Arches Restaurant is the most highly affected restaurant use in the
vicinity since it is located closer to the construction than any other
restaurant use and the temporary signs are necessary to offset that
negative impact.
• The temporary signs are only for placement during the Arches
Interchange construction project and will not be a permanent addition
of signs for the project.
4. That the proposed temporary signs will not adversely impact traffic circulation in adjacent
rights -of -way or create a hazard to vehicular or pedestrian traffic because:
• The signs are restricted from the addition of illumination, minimizing
any distracting effect and potential traffic hazards.
• The signs will be placed in the same locations as the existing temporary
signs which have not created a problem or known adverse traffic impact,
and
• The temporary signs comply with City Standards for sight distance.
Exception Permit No. 52
. Page 7
0
5. That the proposed temporary signs will not have an adverse visual impact on adjoining
commercial and/or residential neighborhoods because:
The temporary signs are only for placement during the Arches
Interchange construction project and will not be a permanent addition of
signs for the project,
The restriction on the illumination will limit any visual effect on
neighboring uses.
The conditions of approval allow the Planning Director to require the
removal or relocation of the signs in response to changing conditions
affected by the Arches Bridge widening project or in response to safety
issues related to sight distance or distraction to motorists.
Conditions:
That development shall be in substantial conformance with the approved site plan and sign
elevations, except as noted below.
2. That the property shall be limited to the placement of a maximum of two temporary signs on -
site at any one time.
3. That the temporary signs shall be non -illuminated, with the exception of existing external
project lighting which may partially illuminate the temporary signs. No additional external
lighting shall be permitted for the express purpose of illuminating the temporary signs.
4. That the applicant shall be allowed to relocate the two temporary signs elsewhere on the
property, with the approval of the Planning Director, in response to changes in the
construction project or lane closures resulting from the project which may affect the
effectiveness of the existing sign placement. The Planning Director may also require
relocation of the temporary signs in response to safety issues related to sight distance or
distraction to motorists.
S. That the signs shall be located in compliance with City sight distance requirements.
6. That this approval is for the placement of temporary signs for the duration of the Arches
Interchange/Bridgewidening constructionproject and shall be removedupon the completionof
the constructionproject.
7. That the Planning Commission may add to or modify conditions of approval to this Exception
Permit or recommend to the City Council the revocation of this Exception Permit, upon a
determination that the operation which is the subject of this Exception Permit, causes injury, or
is detrimental to the health, safety, peace, morals, comfort, or general welfare of the
community.
Eu plionPermitNo.52
Page 8
8. That this Exception Permit shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 of the NewportBeach Municipal Code.
Exception Permit No. 52
Page 9
0
ARCHES SIGN EXCEPTION
Why will proposal not be contrary to the purpose of the- Sign Ordinance?
The purpose is to provide means for adequate identification and advertisement of
businesses by regulating design and location of signs. Construction activity for the
Arches interchange will interfere with identification of the Arches Restaurant via its usual
signs, and banners are needed to supplement the permanent signs during the construction
period.
Exceptional or extraordinary circumstances involved?
Interchange construction requires closure of lanes directly in front of access points to the
restaurant. Construction of new bridge support structures may temporarily block public
view of the restaurant and its permanent signs from Newport Boulevard and eastbound
PCH.
Why is an exception permit necessary to protect a substantial property right?
Without additional signage during the interchange construction period, the Arches
Restaurant will not have the same ability to identify and advertise as other businesses in
the City. Because of its very close proximity to the construction project, the Arches'
ability to be seen and accessed will be affected more than other businesses in the general
vicinity of the construction project. The construction project may give the appearance
that the restaurant is not open for business, and extraordinary signs are needed to make it
obvious that the restaurant is open.
Why will proposal not be detrimental to the neighborhood?
The request is for a temporary addition of signs during the construction period, and will
not result in additional permanent signs. The temporary signs requested are banners,
which will not result in additional lighting in the area. The construction project will
disrupt the appearance of the area.
T1W (alvhES
ESTABLISHED 1922
Restaurant • Liquor Store • Catering Service
TWO BANNERS
8' x 3.51
PLACEMENT:
SOUTHEAST SIDE OF BUILDING
NORTHEAST FRONT OF BUILDING
3334 West Coast Highway, Newport Beach, California 92663 • 714-645.7077
Authorized to Publish Advertisements of all kinds including public notices by
Decree of the Superior Court of Orange County, California. Number A•6214,
September 29, 1961, and A•24631 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss,
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the below entitled matter. I
am a principal clerk of the NEWPORT
BEACH -COSTA MESA DAILY PILOT, a
newspaper of general circulation, printed and
published in the City, of Costa Mesa, County
of -Orange, State of California, and that
attached Notice is a true and complete copy
as was printed and published on the
following dates:
November 21, 1997
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on November 21 1199 7
at Costa Mesa, California.
Signature —A
PUBLIC NOTICE
CITY OF
NEWPORT BEACH
City Council
Chambers of the
City of
Newport Beach
no.,
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Exception Permit No. 52,
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t Subject Property and Surrounding Land Uses
Current Development: The site is occupied by four freestanding structures which include a liquor store,
restaurant and two accessory buildings which serve those two uses.'rhere is also
surface parking on -site which serves both uses.
To the north: across Santa Ana Avenue, are residential uses.
To the east: is Chili'sRestaurant, office uses and related surface parking.
To the south: across West Coast High�%ay, are commercial uses.
To the west: across Old Newport Boulevard is the Arches Interchange (Coast
Highway/NewportBoulevard Interchange,aka Arches Bridge)
Eweption Pcrmit No, 52
Page 2
CITY OF HART BEACH
Heari ate:
December 4, 1997
COMMUNITY AND ECONOMIC DEVELOPMENT
Agenda Item No.:
I
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PLANNING DEPARTMENT
Staff Person:
Javier S. Garcia
33w NEWPORT BOULEVARD
644-3206
NEWPORT BEACH. CA 9260
(714) 649•320 : PAX (714) 644.3Z5°
REPORT TO THE PLANNING COMMISSION
PROJECT: Arches Restaurant, Inc.
3334 and 3400 West Coast Highway
PURPOSE OF
APPLICATION: Request to allow the retention of two temporary signs (banners), one
mounted at the front of the building and the second mounted on an existing
pole sign, in conjunction with an existing restaurant. The duration will be
consistent with the construction schedule of the Arches Bridge widening
construction project. The application will also allow for relocation of the
temporary signs on the subject property in response to changes in the
construction project which may affect the effectiveness of the sign
placement.
ACTION: Approve, modify or deny:
• ExceptionPermitNo.52
LEGAL
DESCRIPTION: Portion of Lot No.170, Block2 of the Irvine Subdivision
ZONE: SP-5 District (Mariner's Mile Specific Plan Area)
OWNER: Marianne Brooks, Newport Beach
Points and Authority
Environmental Compliance (CalifomiaEnvironinental Quality Act)
It has been determined that the project is categorically exempt under Class 11 (Accessory
Structures).
Conformance with the General Plan and the Local Coastal Program
The Land Use Element of the General Plan and the Local Coastal Program designate the
subject property for "Retail and Service Commerciar' uses. The subject temporary signs are
a permitted use within this designation because they are ancillary to the permitted restaurant
use. The proposed signs do not result in an intensification of use which requires Coastal
Commission review or approval.
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
COMMUNITY AND ECONOMIC DEVELOPMENT
Planning Department
(949) 644-3200
August 12, 1999
Dan Marcheano
% Arches Restaurant
3334 W. Coast Hwy.
Newport Beach, Ca. 92663
Subject Property: 3334 and 3400 W. Coast Highway, Newport Beach, California
Re: Exception Permit No. 52
Dear Mr. Marcheano:
As you may recall, on September 4, 1997, the City Planning Commission approved Exception
Permit No. 52. This permit allowed you to maintain two (2) temporary banners consistent with
the construction schedule of the Arches Bridge widening construction project. That project was
completed and the official dedication was last May.
Now, since the project has been completed, you are to remove all temporary banners/signs until
such time you apply for and obtain approval for a temporary sign permit for the subject property.
Please have these banners/signs removed by August 16, 1999. This should be ample time for the
banner/sign removal since the three (3) banners/signs should have been removed last May.
Thank you for your help in resolving this matter in a timely fashion.
To discuss this letter you should contact Jim Sinasek between the hours of 7:00 to 8:00 a.m. or
3:30 to 4:00 p.m at (949) 644-3215.
Very truly yours,
Enforcement Supervisor
Exception Permit No. 52 file
3300 Newport Boulevard, Newport Beach
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