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HomeMy WebLinkAbout3333 COAST HWY W (UP 3127)'.iUlii'i•? FINAL FINDINGS AND CONDITION OF APPROVAL USE PERMIT NO. 3127 (AMENDED) AS APPROVED BY CITY COUNCIL AUGUST 26, 1985 FINDINGS: 1. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal Commission and'accepted by the City Council; and is compatible with surrounding land uses. 2. That an adequate number of on -site parking will be provided for the subject nightclub on Saturdays and Sundays during the day inasmuch as the office uses and the bank on the site are closed during that time. 3. The approval of Use Permit No. 3127 (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 development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That all employees of the nightclub shall be required to park on site. 3. Valets and/or attendants shall be provided at all times during the -night- time operation of the nightclub. 4. The valet parking service shall not preclude the use of a portion of the independently -accessible spaces by patrons wishing to park their own cars. The self -park spaces shall be clearly designated. 5. That noise from amplified music or the live entertainment shall be confined to the interior of the building. 6.• That the hours of operation for the nightclub shall be restricted to the hours between 6:00 p.m. and 1:30 a.m. daily, except on weekends when the facility may open at 10:00 a.m. for wedding receptions or other private parties. 7. Live entertainment shall be permitted only on weekends between the hours of 10:00 a.m. and 5:00 P.M. for wedding receptions or other private parties. 8. That the Planning Commission, at its own discretion, may review and modify the approval of Use Permit No. 3127 (Amended) at such time as the existing restaurant on the first floor reopens for business. 9. That all other Conditions of Approval for Use Permit No. 3127 shall be maintained. p C'4/ew_- e�/Ln7 / / /S lee A.K%GGr�. W L GA N `Y1 A �&e L 10. That the Planning Commission may add/or modify conditions of approval to this use permit or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 11. This use permit shall expire unless exercised within twenty-four months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 12. That the applicant shall work with the City Traffic Engineer to relocate the valet station so as to provide additional stacking of automobiles on the driveway of the Promises parking lot. Ayes Noes Ayes Noes 6r(TY OF NEWPORT E ACH :OUNCIL MEMBERS �'� S� •0 2i ti y 9 \ x x x x x x x x x x x x x x MINUTES August 26, 1985 The sth,*titute motion was voted on and FAILED. \ The motion on the oor, as amended, was voted on and carried There being no objections, the taff was requested to develop some type of lacy with respect to the use of restroom 2. Mayor Maurer opened the public hearing and City Council review of an appeal by DAVID SCHNEIDER, Newport Beach, from the decision of the Planning Commission on July 18, 1985, conditionally approving USE PERMIT N0. 3127 (AMENDED), a request of Mr Schneider to amend a previously -approved use permit that allowed the establishment of the Promises Nightclub facility with dancing and prerecorded music, and a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces in conjunction with a valet parking service. The proposal consists of the addition of live entertainment (i.e., fashion shows, aerobic and dance displays, magic shows, and dance bands); a request to change the hours of operation on weekends so as to open the facility at 8:00 a.m, for wedding receptions and other private parties, where the original use permit required a 6:00 p.m. opening time. Property located at 3333 West Coast Highway, on the southerly side of West Coast Highway,, between Newport Boulevard and Riverside Avenue in Mariner's Mile; zoned SP-5 and C-2. Report from the Planning Department, was presented. The City Clerk reported that after the agenda was printed, a letter was received from Diane Abbitt, representing the applicant, regarding the subject use permit. Diane Abbitt, 10920 Wilshire Boulevard, Los Angeles, representing the applicant, addressed the Council and stated that they are not requesting live entertainment at night on the weekends, only Sundays through Thursdays, and to deny the request for live entertainment would create a definite hardship on the applicant. She discussed traffic problems in the area on Friday and Saturday evenings, and stated that the Volume 39 - Page 308 U/P 3127(A) (88) AviTY OF NEWPORT 8 ACH COUNCIL MEMBERS MINUTES \CAL ,o\OP 9ROLL G�`t' � August 26, 1985 INDEX In response to Council inquiry regarding U/P 1023(A) restroom facilities, Mr. Weber stated that the restroom on site would not be open to the customers, only the attendant on duty. He stated that out f the 130 service stations under his uriadiction, 20 are self—service and do n t provide restrooms to its customers, wi h the exception of Buena Park, who re ired restrooms for the general pub is because they consider their City a to riot area. He stated that as a reaul of the requirement to provide publi restrooms, plumbing service was needed ix times in a one-year period, Council ember Agee offered an amendment to Counc Member Strauss's motion, changing a closing time to midnight seven days a week, and adding that the applicant b required to provide restrooms to its customers during hours of operation. Council Member Strauss, the maker of the original motion accepted the foregoing amendment. Dennis Carlson, a gineer for Union Oil Company, addressed the Council and stated that the re room adjacent to the cashierts booth can t be made accessible to the pu lie for security purposes, and if rest ooms are going to be required for custo rs, then an additional building wi have to be constructed. He cited ome of the problems connected with roviding restrooms to the public a ch as mirrors bung stolen, fittings be g removed, in addition to plumbing probl ms. Jotn Miller, resident, addre aed the Council, and stated that the ublic has become used to self—service a ations, and not receiving the service ne gets in a full -service station, but a does . not feel the public should be a luded from the convenience of restroom , especially for travelers. Hearing no others wishing to addre the Council, the public hearing was clo ed. Mayor Pro Tom Plummer restated her substitute motion to sustain the decision of the Planning Commission £o a self-service 24-hour gas station, but to require that the applicant provide restrooms for its customers. Volume 39 - Page 307 W ���''ggy+yyTT•��yy¢¢FNY• .VrSI.p�. r+" COL \00 Motion Ayes Noes x (-wTY OF NEWPORT BQCH MEMBERS 4i9G y9�� y�-9 yc�� August 26, 1985 applicant has met with the owner of the Villa Nova restaurant in an attempt to solve the problems which may occur on these two evenings. She stated that during the week there is not a parking problem. She also stated that several of the restaurants along West Coast Highway have live entertainment. In conclusion, she added that there was no opposition from adjoining property - owners at their public hearing before the Planning Commission. In response to Council Member Agee, the Planning Director stated that most of the live entertainment permits as to restaurants along West Coast Highway are generally limited to a single musician, a vocalist, a piano bar, or a small group of musicians. In response to Council inquiry, Jim Jacobs of the Police Department, stated that he was not aware of any Police problems with the Promises restaurant per se; however, he was aware of the traffic problems in the general area. Hearing no others wishing to address the Council, the public hearing was closed. x Motion was_made to_sustain.tbp decision o_f 1_the Planning_Commission. Council Member - Agee offered an amendment to,;.the motion, .suggesting_ the• facility open at 10 a.m., rather than 8 a.m, as requested, which the maker of the motion accepted. ' x x x x x x The motion was voted on and carried. PU•,LIC COMMENTS: MINUTES U/P 3127(A) 1. m Cleary, 203-40th Street, addressed 203-40th St the ouncil and read a letter regarding Property the r idence he has been renting for the pas nine years, which was purchased recently b the City for the widening of Balboa Boule rd. Mr. Cleary state it was his understanding from a City staff and the previous owner an the relocation assistance consultant t t, pursuant to City policy, the rent wou not be raised as long as he was liv g there, but has now been informed that is monthly rent will be increased f m Volume 39 - Page 309 '•%PITY OF NEWPORT 6]ACH Motion All Ayes X 9�y�9c�� MINUTES August 26, 1985 $225 to $400. He stated he would like the Council to reverse the rental increase. The Public Works Director advised that th\de ioffice did receive a copy of Mr. s letter and are in the process onding to it as requested by the He stated that the City purchased perty with public funds at fair value and the City is, therefore, ed to charge fair rent for the y, The property in question will lished in approximately one year widening of Balboa Boulevard. The Pub c Works Director clarified for the reco d that he did not know where the state ent came from regarding the City havin a policy with respect to no increases rent. F. CONSENT The following actin s were taken as indicated, except f\ITRODUCTION se items removed: 1. ORDINANCES FOR - Schedule for public hean September 9, 1985: (a) Removed fa Consent Calendar. (b) Proposed ORDINAATCE NO. 85-25, lBayview Ord85-25 being, PCD AN ORDINANCE OF THE CITY OF (94) b NEWPORT BEACH ADOPTING A PLANNED COMMU TY DEVELOPMENT PLAN AND DEVEL MENT STANDARDS FOR THE BAYVIEW LANNED COMMUNITY LOCATE ON THE SOUTHWESTERLY CO ER OF BRISTOL STREET AN JAMBOREE ROAD, AMENDING PO ONS OF DISTRICTING MAPS 42 44 and 61 SO AS TO RECLASSIFY AID PROPERTY FROM ORANGE OUNTY ZONING DISTRICTS PA/9 PD; CC/90; CC/35; R-1-2975 PD(2975); R2-2, 400 AND B1, AND THE CITY OF NEWPORT EACH UNCLASSIFIED DISTRICT TO HE PLANNED COMMUNITY DISTRIC (PLANNING COMMISSION AMEND ENT PCA 623 NO. 623). (Report from the Planning Department) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 85-60 authorizing OCTO/SCAG the submittal of an application to Pedestrian/ Bikewy Fee Volume 39 - Page 310 Res 85-60 (54174) ~ City Council Meeting August 26, 1985 TO: FROM: SUBJECT: Agenda Item No. CITY OF NEWPORT BEACH City Council Planning Department Use Permit No. 3127 (Amended) D-2 Request to amend a previously -approved use permit that permitted the establishment of the Promises Nightclub facility, with dancing and prerecorded music, and a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces in conjunction with a valet parking service. The proposal consists of the addition of live entertainment (i.e. fashion shows, aerobic and dance displays, magic shows, and dance bands); and the request to change the hours of operation on weekends so as to open the facility at 8:00 a.m. for wedding receptions and other private parties, where the original use permit required a 6:00 p.m. opening time. LOCATION: A portion of Lot 170, Block 2, Irvine's Subdivision, located at 3333 West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard and Riverside Avenue, in Mariners' Mile. ZONES: SP-5 and C-2 APPLICANT: David Schneider, Newport Beach OWNER: County of Orange APPELLANT: Same as Applicant Application This application is a request to amend a previously -approved use permit that permitted the establishment of the Promises,Nightclub facility with dancing and prerecorded music, and a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces in conjunction with a valet parking service. The proposed amendment includes a request to add live entertainment (i.e. fashion shows, aerobic and dance displays, magic shows, and dance bands), Sunday through Thursday nights; and a request to change the hours of operation on the weekends so as to open a portion of the facility at 8:00 a.m. for wedding receptions and other private parties, where the original use permit required a 6:00 p.m. opening time. In accordance with Section 20.30.035 B of the Newport Beach Municipal Code, changes in the operational characteristics of a restaurant require the approval of a use permit. Use permit procedures are set forth,in Chapter 20.80 of the Municipal Code. -) TO: City Council - 2. Suggested Action Hold hearing; close hearing; if desired, sustain, modify or overrule the decision of the Planning Commission. Planning Commission Recommendation At its meeting of July 18, 1985, the Planning Commission voted unanimously to recommend the approval of Use Permit No. 3127 (Amended), with the Findings and subject to the following Conditions of Approval: FINDINGS: 1. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. 2. That an adequate number of on -site parking will be provided for the subject nightclub on Saturdays and Sundays during the day inasmuch as the office uses and the bank on the site are closed during that time. 3. The approval of Use Permit No. 3127 (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 development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That all employees of the nightclub shall be required to park on site. 3. Valets and/or attendants shall be provided at all times during the night- time operation of the nightclub. 4. The valet parking service shall not preclude the use of a portion of the independently -accessible spaces by patrons wishing to park their own cars. The self -park spaces shall be clearly designated. 5. That noise from amplified music or the live entertainment shall be confined to the interior of the building. 6. That the hours of operation for the nightclub shall be restricted to the hours between 6:00 p.m. and 1:30 a.m. daily, except on weekends when the facility may open at 8:00 a.m. for wedding receptions or other private parties. 7. Live entertainment shall be permitted only on weekends between the hours of 8:00 a.m. 'and 5:00 p.m. for wedding receptions or other private parties. TO: City Council - 3. 8. That the Planning Commission, at its own discretion, may review and modify the approval of Use Permit No. 3127 (Amended) at such time as the existing restaurant on the first floor reopens for business. 9. That all other Conditions of Approval for Use Permit No. 3127 shall be maintained. 10. That the Planning Commission may add/or modify conditions of approval to this use permit or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. il. This use permit shall expire unless exercised within twenty-four months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 12. That the applicant shall work with the City Traffic Engineer to relocate the valet station so as to provide additional stacking of automobiles on the driveway of the Promises parking lot. The approval consisted of permitting the existing nightclub facility to open for business between the hours of 8:00 a.m. and 5:00 p.m. on weekends for wedding receptions and other private parties with live entertainment where the original use permit required a 6:00 p.m. opening time. The Planning Commission denied the request of the applicant to add live entertainment (i.e. fashion shows, aerobic and dance displays, magic shows, and dance bands), Sunday through Thursday nights. It was the determination of the Commission that until Monaoco's Restaurant was open for business on the subject property, there was a question as to what amount of additional traffic would be generated in the parking lot at night. Staff had observed the subject parking lot on Friday night, July 12, 1985, when it was filled to capacity by 10:45 p.m. (see attached addendum to original.- Planning Commission staff report). The Commission also felt that the intensity of live entertainment would bring more people into the area during the week. The applicant has appealed the decision of the Planning Commission to the City Council so as to be permitted to add live entertainment to the nightclub facility, Sunday through Thursday nights. Details of the proposed development are provided in the attached copy of the Planning Commission staff report dated July 18, 1985. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director by ✓ ,e. G WRL/kk WILLIAM R. LAYCOCK CC13 CURRENT PLANNING ADMI STRATOR e TO: City Council - 4. Attachments for City Council Only: Planning Commission Staff Report dated 7/18/85, with attachments Addendum to Planning Commission Staff Report dated 7/18/85 - Parking and Traffic Conditions Excerpt of the Planning Commission Minutes dated 7/18/85 Letter from the Applicant Letter from the Property Owner dated 7/16/85 Letter from The Arches Restaurant dated 7/8/85 Plot Plan, Floor Plan J ; 18, 1985 =3'? COMMISSIONERS ` MINUTES a0 _ ' i -a v > b m z c m> m z m = A = T m City of Newport Beach ROLL CALL ' T INDEX wits- the from the date of approval as specified in SOv,B 90 A of the Newport Beach Municipal Code. ►.�..�,,,�_ Use Permit No. 3127 (Amended) (Public Hearing) Item No. 6 Request to amend a previously approved use permit that UP3127 permitted the establishment of the Promises Night Club (Amended) facility with dancing and prerecorded music, and a modification to the Zoning Code so as to allow the use Approved of compact and tandem parking spaces in conjunction Condition - all. with a valet parking service. :The proposal consists of the addition of live entertainment (i.e. fashion shows, aerobic and dance displays, magic shows, and dance bands), and the request to change the hours of oper- ation on weekends so as to open the facility at 8:00 a.m. for wedding receptions and other private parties, where the original use permit required a 6:00 p.m. opening time. LOCATION: A portion of Lot 170, Block 2, Irvine's Subdivision, located at 3333 West Coast Highway, on the southerly side of. West Coast Highway, between Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONES: SP-5 and C-2 APPLICANT: David Schneider, Newport Beach OWNER: County of Orange William Laycock,. Current Planning Administrator, informed the Planning Commission that a letter from The Arches Restaurant dated July 8, 1985, had been received by staff opposing the use permit, and a letter had been received from Jordan Wank of Newport Arches Marina, Ltd., owners and lessors of the premises, dated July 16, 1985, stating that they do not have any objections to the application. Mr. Laycock commented that staff observed the parking layout and the traffic circulation on the Promises Nightclub parking lot, adjoining properties, and West Coast Highway on Friday, July 12, 1985, between the -12- J ,COMMISSIONERS xx z c m j m z W a M z r 0 2 I s m o m> r z a z a z n m �v. •fi: J I,j18, 1985 MINUTES of Newport 'Beach hours of 6:00 p.m. and 11:00 P.M. Mr. Laycock stated. that the applicant's valet service worked well; however at approximately 10:45 p.m. there was much confusion when the applicant's -parking lot was nearly full, the Promises attendants closed off the parking lot, and the valets from the Villa Nova Restaurant were shuttling automobiles across West Coast Highway. Mr. Laycock opined that the major problem on West Coast Highway appeared to be the Villa Nova's valet parking situation, and not the applicant's parking system. Commissioner Turner asked how the City can work' with the State in order to slow the traffic down and to protect the people so as to prevent serious accidents, because the subject section of West Coast Highway is one of the City's most dangerous areas. Mr. Don Webb, City Engineer, replied that the City has hired a consultant to study the section on West Coast Highway between Dover Drive and Newport Boulevard, whereby the consultant will submit a preliminary plan as to how West Coast Highway can be widened to Master Plan standards. Mr. Webb stated that the consultant may propose the installation of a median on West Coast Highway where a median is warranted. He advised that he did a study of the four driveways at Promises Nightclub, Villa Nova Restaurant, TNT Restaurant, and The Arches Restaurant. He- said that there were 19 accidents related to those driveways since 1983, and that 16 of those accidents could have been controlled had there been a' median in the street since the motorists would have been able to make only right turns out of the driveways. Mr. Webb explained that the City could appropriate City funds, and then request an encroachment permit for the installation of said median from the State. Mr. Webb advised that the consultant's study of West Coast Highway should be completed by November or December, 1985. In response to questions posed by Commissioner Winburn, Mr. Laycock advised that the valet station could be moved closer to the bay side of the parking lot in order that additional automobiles could be stacked in the driveway and not on•West Coast Highway, and that he did observe self -parking on the Promises lot by the customers. In response to a question posed by Commissioner Goff, Mr. Webb replied that there is a permanent no left turn sign on the applicant's parking lot. -13- INDEX V?k.• Ju 33.8, .1985 MINUTES x �• �o Fy 9 r9v m 2 c m > m 2 W T M z f 0 2 c 2 0 O; O O s M z = p= m ROLL Of , Beach The -public hearing was opened at this time. Mr. Jeff Rebin, attorney, 1820 East First Street, Santa Ana, appeared before the Planning Commission on behalf of the applicant. Mr. Rebin stated that the applicant concurs with the findings and conditions of Exhibits "A" and "B", and he commented that the applicant has not read The Arches Restaurant letter of objection. Mr. Rebin stated that the Promises customers are only using the subject parking lot. He further stated that the applicant would agree to moving the valet station closer to the bay side of the parking lot. In response to a question posed by Commissioner Winburn, Mr. Rebin replied that the proposed Monaco Restaurant on the site will be a family -style restaurant that includes a bar. Mr. Henry Penso, 2171 Campus Drive, appeared before the Planning Commission on behalf of Monaco's Restaurant and lessors of the property, supporting the application. He stated that Monaco's Restaurant will be a family continental restaurant with a bar. Mr. Penso commented that they do not foresee a parking conflict between Monaco's Restaurant and Promises Nightclub as the restaurant's business will be decreasing as the Promises Nightclub business will be increasing at approximately 10:30 p.m. In response to a question posed by commissioner Koppelman, Mr. Penso replied that Monaco's Restaurant will open in September or October. Mr. Gib Fernandez, appeared before the Planning Commission on behalf of The Arches Restaurant. Mr. Fernandez stated that the problems stated in The Arches Restaurant letter are still existing. Mr. Fernandez advised that the security personnel at The Arches have seen customers walk across West Coast Highway from The Arches to Promises. In response to a question ,posed by commissioner Winburn, Mr. Fernandez replied that at 10:00 p.m. is when security observes customers walking across West Coast Highway. Commissioner Winburn cited that at 10:00 p.m. the Promises' parking lot is still half empty. Mr. Laycock cited, that he did not observe customers walking across West Coast Highway on the previously stated Friday night. Commissioner Turner opined that there is a possibility that customers are walking across the street to avoid valet parking. In response to Commissioner Turner's question on how the applicant may be able to control the alleged activities taking place in The Arches parking lot, Mr. -14- a x c o f 9> v m C z c m> m z W 9 r 0 S z s O a r s z s z s z r m Motion y, �i Jt;;i• 18 1985 i�3331e' �Jtv of NeWDort Beach Rebin responded by stating that the valets have been informed to instruct -the Promises' customers that if they do not park in the required parking areas, that the customers' automobiles are subject to be towed away. ' Mr. Rabin cited that because there are many restaurants along West Coast Highway, The Arches problems may be from any one of their customers. Mr. Rebin advised that the applicant has not been aware of any problems regarding Promises' customers at The Arches Restaurant since opening night. MINUTES The public hearing was closed at this time. Commissioner Winburn made a motion to approve Use Permit No. 3127 (Amended) subject to the findings and conditions in Exhibit "B".' The approval of Exhibit "B" would deny the addition of live entertainment at night during the week, but would permit the expanded hours of operation on Saturdays and' Sundays with live entertainment. Commissioner Winburn cited that the two reasons that she 'is approving Exhibit "B" are that until Monaoco's Restaurant is open for business, there. is a question as to what amount of traffic will be generated in the parking area during the evening, and also that the intensity of live entertainment will bring more people into the area during the week. Commissioner Winburn agreed to Commissioner Koppelman's amendment to the motion that the applicant work with the City Traffic Engineer to relocate the valet station. Commissioner Turner advised the applicant that the Planning Commission will be closely observing the area in and around Promises Nightclub in the .weeks and months ahead. Chairman Person stated that he will support the motion, and he advised The Arches Restaurant representative that the Planning Commission will be looking at the Promises Nightclub and surrounding area. Commissioner Goff recommended that the motion include a designated ratio of valet parking to self. -parking on the parking lot so as to allow customers that wish to park their own automobiles be able to do so. Commissioner Turner advised that the suggested proposal would mean that the valets would need to inquire if the customer wishes to self park or valet park at the ingress -egress driveway of the parking lot which could -15- INDEX 3a 1985 COMMISSIONERS MINUTES ' c o i ,•� v > v m z c M= m Z m A x T z A City of Newport Beach ROLL CALL INDEX All Ayes create a .great deal of confusion in the parking lot. Chairman Winburn agreed'with Commissioner Turner and further stated that because of the difficult situation, that she would not agree to include the amendment. Motion was voted on 'to approve Use Permit No. 3127 (Amended) subject to the findings and conditions in Exhibit "B", including the addition of Condition No. 12 to relocate the valet station. MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified -by the Coastal Commission and accepted by the City. Council; and is compatible with surrounding land uses. 2. That an adequate number of on -site parking will be provided for the subject night club on Saturdays and Sundays during the day inasmuch as the office uses and the bank on the site are closed during that time. 3. The approval of Use Permit No. 3127 (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 development shall be in substantial confor- mance with the approved plot plan and floor plan, except as noted below. 2. That all employees of the nightclub shall be required to park on -site. 3. Valets and/or attendants shall be provided at all times during the nighttime operation of the nightclub. 4. The valet parking service shall not preclude the use of a portion of the independently accessible -16- 9/ J 31 y73;;18, 1985 :.itv of, Newport Beach spaces by patrons wishing to park their own car. The self -park spaces shall be clearly designated. 5. That noise from amplified music or the live entertainment shall be confined to the interior of the building. 6. That the hours of operation for the nightclub shall be restricted to the hours between 6:00 p.m. and 1:30 a.m. daily, except on weekends when the facility may open at 8:00 a.m. for wedding re- ceptions or other private parties. 7. Live entertainment shall be permitted only on weekends between the hours of 8:00 a.m, and 5:00 p.m, for wedding receptions or other private parties. MINUTES 8. That the Planning Commission at its own dis- cretion, may review and modify the approval of Use Permit No. 3127 (Amended) at such time as the, existing restaurant on the first floor reopens for business. 9. That all other conditions of approval for Use Permit No. 31.27 shall be.maintained. 10. That the Planning Commission may add/or modify conditions of approval to this use permit or recommend to the City Council the revocation of this use permit, upon a determination that the .operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 11. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 12. That the applicant shall work with the City Traffic Engineer to relocate the valet station so as to provide additional stacking of automobiles on the driveway of the Promises parking lot. -17- Planning Commission P )ing July 18, 1985 Agenda Item No. 6 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 3127 (Amended) (Public Hearing) Request to amend a previously approved use permit that permitted the establishment of the Promises Nightclub facility with dancing and prerecorded music, and a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces in conjunction with a valet parking service. The proposal consists of the addition of live entertainment (i.e. fashion shows, aerobic and dance displays, magic shows, and dance bands); and the request to change the hours of oper- ation on weekends so as to open the facility at 8:00 a.m. for wedding receptions and other private parties, where the original use permit required a 6:00 p.m. opening time. LOCATION: A portion of Lot 170, Block 2, Irvine's Subdivision, located at 3333 West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONES: SP-5 and C-2 APPLICANT: David Schneider, Newport Beach OWNER: County of Orange Application This application is request to amend a previously approved use permit that permitted the establishment of the Promises Nightclub facility with dancing and prerecorded music, and a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces in conjunction with a valet parking service. The proposed amendment includes a request to add live entertainment (i.e. fashion shows, aerobic and dance displays, magic shows, and dance bands); and a request to change the hours of operation on the weekends so as to open a portion of the facility at 8:00 a.m. for wedding receptions and other private parties, where the original use permit required a 6:00 p.m. opening time. In accordance with Section 20.30.035 B of the Newport Beach Municipal Code, changes 'in the operational characteristics of a restaurant requires the approval of a use permit. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. )ning Commission -2. Environmental Sicnifidance This project has been reviewed, and it has been determined that it is categorically exempt under Class I (Existing Facilities) from the requirements of the California Environmental Quality Act. Conformance with the General Plan and the Local Coastal Program, Land Use Plan The Land Use Element of the General Plan and the adopted Local Coastal Program, Land Use Plan, designate the site for "Recreation Marine Commercial" uses. The existing nightclub is a permitted use within this designation, subject to the approval of a use permit. Subject Property and Surrounding Land Use The subject property is currently developed with a five story office building containing 19,000± sq.ft. of floor area devoted to office and bank uses, 6,100 ± sq.ft. (gross) devoted to restaurant use and the subject nightclub containing 2,776± sq.ft of "net public area". Westerly of the office building located on the same property is a single story building adjacent to the bulkhead which is used for yacht brokers offices in conjunction with the Newport Arches Marina which contains 54 boat slips. To the north, across West Coast Highway, is the Arches Restaurant, the old TNT Restaurant (now vacant) and a banks to the east is the Villa Nova Restaurant; to the south is Newport Bay; and to the west, across Newport Boulevard is the Balboa Coves resi- dential area. At its meeting of January 24, 1985, the Planning Commission Use Permit No. 3127 which permitted the establishment of the night club facility. Said action was subject to 5 findings conditions of approval as set forth in the attached excerpt Planning Commission minutes dated January 24, 1985. The applicant is now proposing to add live entertainment in conjunc- tion with the night club facility. Said entertainment will be con- ducted Sunday through Thursday and will include fashion shows, aerobic and dance exhibitions, magic show and dance bands. The applicant has indicated that the proposed live entertainment is intended to improve the midweek business of the night club and will not be provided on Friday and Saturday nights which are currently the peak hours of operation. It should also be noted that the proposed live entertain- ment will not increase the existing "net public area" which is approxi- mately 2,7761 sq.ft. The applicant is also requesting to change the hours of operation on the weekends so as to open the facility at 8.00 a.m. for wedding receptions and other private parties where the existing use permit restricts the opening time to 6:00 p.m. Live entertainment may also be utilized for said private parties. TO: P1 �ing Commission -3. Off -Street Parking Requirements In 1967 when the subject property was originally developed, the C-2 Zoning of the property did not have a specific off-street parking requirement. However, the Planning Commission, in conjunction with their approval of Use Permit No. 1302 which permitted the five story office building, concluded that the 184 parking spaces proposed by the applicant, would be adequate for the development which included 19,000 ± sq.ft. of floor area for office and bank use, a restaurant con- taining 250 seats, a 5,120 sq.ft. private yacht club, an existing marina containing 54 boat slips, and a yacht brokerage office con- taining 661 ± sq.ft. In approving the above parking requirement, the Planning Commission gave consideration to the parking characteristics of the intended uses; particularly the point that the peak parking demands for the restaurant were different than that of the office and bank facilities. It should also be noted that inasmuch as the Plan- ning Commission did not specify a parking requirement for each spe- cific use on the property, staff has no basis for determining how much of the existing on -site parking is devoted to each use. However, the Planning Commission did use the "H" District parking standards as a basis of comparison in determining that the proposed 184 parking spaces would be adequate. The "H" District parking standards at that time were as follows: Restaurants - one parking space for each 3 seats. Office - one parking space for each 250 sq.ft. of floor area. Yacht club - one parking space for each 250 sq.ft. of floor area. Other provisions of the Municipal Code established the parking re- quirement for the marina as one parking space for each two boat slips. In 1979, the restaurant portion of the building was remodeled and the number of seats were reduced from 250 to 192. Based on the previous restaurant parking standard that existed in the "H" District when the restaurant was established, the existing restaurant parking require- ment was reduced to 64 spaces. The parking requirement for all other uses on the property remained the same. in conjunction with the approval of Use Permit No. 3127, the Planning Commission considered the overall parking requirement for the subject property as outlined in the following table. Because of the varied hours of operation for each use, said table sets forth the daytime and nighttime parking requirement for each use on or bayward of the site. J a TO: I )ning Commission -4. I PARKING REQUIREMENT USE FORMULA DAY NIGHT Offices and bank One Parking Space 76 0 (19,000 t sq.ft.) for each 250 sq.ft. Restaurant (192 seats) One Parking SpacTl) 64 64 for each 3 seats Existing Nightclub One Parking Space 0 87 and Disco (2,776 t sq.ft. for each 31.9 sq.ft. "Net Public Area") of "Net Public Area" (required with the approval of Use Permit No. 3127) Marina (54 slips) One Parking Space 27 27 for elch 2 boat slips Yacht Brokerage One Parking Space 3 0 Offices (661 t sq.ft.) for each 250 sq.ft. TOTAL 170 178 (1) Nonconforming Parking Formula At present, there is no daytime parking requirement for the night club inasmuch as the facility is not permitted to open before 6:00 p.m. daily. However, as indicated previously, the applicant is requesting to change the hours of operation on Saturdays and Sundays so as to open the facility at 6:00 a.m. for wedding receptions and other private parties. Notwithstanding other concerns, staff has no objections to the new opening time on weekends inasmuch as the offices and bank located in the remaining portions of the building are closed on weekends and the required parking for said uses are available to the night club. Furthermore, the area denoted as "disco seating area" on the attached floor plan will hot be utilized during daytime hours on weekends. Existing Parking Conditions In accordance with the approved parking plan, there are currently 180 parking spaces located on the subject property (parking figures shown on the attached plans are incorrect). Six of the existing parking spaces are valet spaces and are used only at nights therefore, 174 parking spaces are provided during the day. P TO: Pl. )ng Commission -5. In conjunction with the Planning Commission's approval of the original Use Permit No. 3127, it was determined that 178 nighttime parking spaces would be adequate for the subject property inasmuch as the only uses to operate during the evening were to be the subject night club, the first floor restaurant, and to a limited extent the Arches Marina. However, when the Promises Nightclub first opened, there was a serious deficiency of on -site parking which caused a significant overflow of parking onto surrounding properties. it should be noted that said overflow occurred even while the ground floor restaurant (formerly the Spindrifter) was closed for remodeling. Although staff would agree that a large amount of the previous parking problem was due to the initial popularity of the Promises Nightclub, it appears that the on -site parking area, on weekend evenings, is still quite full even though the restaurant is still not open. For this reason, should the Planning Commission wish to approve the subject application, they may wish to include a condition which will allow them to review Use Permit No. 3127 and Use Permit No. 3127 (Amended) relative to the on -site parking situation when the remodeled restaurant opens, at the end of summer. Attached Letter from Leaseholder of Subject Property Attached for the Planning Commission's information is a letter dated July 3, 1985 from Jorge Yavar, who is the leaseholder of the subject property who previously authorized the filing of the subject appli- cation. As indicated in said letter, Mr. Yavar has withdrawn his authorization for the filing of Use Permit No. 3127 (Amended) pending resolution of various issues with the applicant which are described in the enclosure to the letter. After discussing this matter with the City Attorney, it has been determined that the applicant's interest in the subject property (a five year lease) is sufficient to allow the applicant to proceed without Mr. Yavar's authorization. Specific Findings and Recommendation Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Staff has no objections to the addition of live entertainment in conjunction with the subject night club inasmuch as such entertainment will be limited to Sunday through Thursday evenings and will not worsen the parking problems that seem to be occurring on Friday and Saturday nights. For the same reason, staff has no objections to the use of live entertainment during the requested daytime operation of the club on Saturdays and Sundays for wedding receptions and private parties. TO: F )ning Commission -6. Staff recommends approval of Use Permit No. 3127 (Amended) and sug- gests that the Planning Commission take such action subject to the findings and conditions of approval as set forth in the attached Exhibit "A". Should the Planning Commission wish to deny the addition of live entertainment at night during the week, but approve the expanded hours of operation on Saturdays and Sundays with live entertainment, the findings and conditions set forth in Exhibit "B" are suggested. Should the Planning Commission wish to deny the application in its entirety, the findings set forth in Exhibit "C" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director W. William Ward Senior Planner WWW:la UPA10 Attachments: Exhibit "A" Exhibit "B" Exhibit "C" Vicinity Map Excerpt of the Planning Commission minutes for Use Permit No. 3127 dated January 24, 1985 Letter from Jorge Yavar, dated July 3, 1955, with attachment 11) ' TO: P1 )ing Commission -7. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3127 (AMENDED) FINDINGS: 1. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. 2. That an adequate number of off-street parking spaces will be provided for the expanded operation of the nightclub facility. 3. The approval of Use Permit No. 3127 (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 development shall be in substantial confor- mance with the approved plot plan and floor plan, except as noted below. 2.. That all employees of the nightclub shall be required to park on -site. 3. Valets and/or attendants shall be provided at all times during the nighttime operation of the nightclub. 4. The valet parking service shall not preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car. The self -park spaces shall be clearly designated. 5. That noise from amplified music or the live entertainment shall be confined to the interior of the building. T0: E )ning Commission -8. 6. That the hours of operation for the nightclub shall be restricted to the hours between 6:00 p.m. and 1:30 a.m. daily, except on weekends when the facility may open at 8:00 a.m. for wedding re- ceptions or other private parties. 7. Live entertainment shall be permitted only in the nightclub at night, Sunday through Thursday: and on weekends between the hours of 8:00 a.m. and 5:00 p.m. for wedding receptions or other private parties. 8. That the Planning Commission at its own dis- cretion, may review and modify the approval of Use Permit No. 3127 (Amended) at such time as the existing restaurant on the first floor reopens for business. 9. That all other conditions of approval for Use Permit No. 3127 shall be maintained. 10. That the Planning Commission may add/or modify conditions of approval to this use permit or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 11. This use permit shall expire unless exercised within 24 months from the date of approval as specified in section 20.80.090 A of the Newport Beach Municipal Code. /;L. TO: P: )ing Commission -9. EXHIBIT "B" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3127 (AMENDED) (PERMITS EXPANDED HOURS OF OPERATION) FINDINGS: 1. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. 2. That an adequate number of on -site parking will be provided for the subject night club on Saturdays and Sundays during the day inasmuch as the office uses and the bank on the site are closed during that time. 3. The approval of. Use Permit No. 3127 (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 development shall be in substantial confor- mance with the approved plot plan and floor plan, except as noted below. 2. That all employees of the nightclub shall be required to park on -site. 3. Valets and/or attendants shall be provided at all times during the nighttime operation of the nightclub. 4. The valet parking service shall not preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car. The self -park spaces shall be clearly designated. 5. That noise from amplified music or the live entertainment shall be confined to the interior of the building. t3 TO: P; )ing Commission -10. 6. That the hours of operation for the nightclub shall be restricted to the hours between 6:00 p.m. and 1:30 a.m. daily, except on weekends when the facility may open at 8:00 a.m. for wedding re- ceptions or other private parties. 7. Live entertainment shall be permitted only on weekends between the hours of 8:00 a.m. and 5:00 p.m. for wedding receptions or other private parties. B. That the Planning Commission at its own dis- cretion, may review and modify the approval of Use Permit No. 3127 (Amended) at such time as the existing restaurant on the first floor reopens for business. 9. That all other conditions of approval for Use Permit No. 3127 shall be maintained. 10. That the Planning Commission may add/or modify conditions of approval to this use permit or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 11, This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 141 TO: Pl, )ing Commission -11. EXHIBIT "C" FINDINGS FOR DENIAL OF USE PERMIT NO. 3127 (AMENDED) 1. That the addition of live entertainment to the existing nightclub and disco represents an inten- sification of use which will require a greater amount of parking and generate more traffic than the existing nightclub operation. 2. That the existing parking facilities are inade- quate for the total combined use of the subject property. 3. That the establishment, maintenance or operation of the expanded use of the nightclub and disco 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 and the general welfare of the City. v.-ZA N I TY M,� P �M• t i .vfar C-1-N ••xr--7 �• J7*0" •1 I � xr! M•. I, .1 • DF r1a NZI DISTRICTING MAP' NPORT 13EACH — CALIFORNIA ADANARSURAI. RpID[NTYL R'•t MN7i►LE RESIDEN7IAL SNICIt FAMILY X[fIOSIItIAI 0-1 LION? COMMEACLAL DUPLEX RODENt1AL C—E CtKNAL CONNERCI•L R[Stil. MkTIPL NINNY PKIHKNT AL M-1 MANUMTUAUN •• ••DRD'NO ESE +.'R COI"NN1S 01S7XIOTs UNCLASSIFIED , [XC }S•ISM LACK N N•TNUS•-O_ LIMITED COMMERCIAL � 1 'COMMISSIONERS January 24, 1985• MINUTES f Co a y m z c m, m z = 9 z 9 z r m City of Newport Beach ROLL CALL 1 1 1 1 1 INDEX "Mr -'Jerry' -King, —representing the --applicant; --"Park, Bar- -- and Grill" Restaurant, requested that Item No. 12 be continued to the February 7, 1985, Planning Commission meeting due to the lateness of the hour and that the applicant has received additional information from staff that the applicant would like to review with staff prior to the next hearing. Motion was made to continue Use Permit No. 1417 to February 7, 1985. Motion voted on, and MOTION CARRIED. Use Permit No. 3127 (Public Hearing) Request to permit the establishment of a cocktail lounge with dancing and prerecorded music on property located in the "Recreation Marine Commercial" area of the Mariner's Mile Specific Plan area. The proposal also includes a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces in conjunction with a valet parking service for a portion of the required off-street parking spaces. LOCATION: A portion of Lot 170, Block 2, Irvine subdivision, located at 3127 West Coast Highway, on the southerly side of. West Coast Highway, between Newport Boulevard and Riverside Avenue, in Mariner's Mile. . ZONE: SP-5 and C-2 APPLICANT -'David Schneider, Newport Beach OWNER: County of Orange Commissioner Goff requested staff to revise Condition No. 13, Exhibit "A", to read "That 8 tandem and 43 compact parking spaces shall be permitted within the on -site parking area." In response to a question posed by Commissioner Eichenhofer, Mr. Hewicker replied that the applicant is requesting only one dance floor. The public hearing opened in connection with this item, and Ms. Diane Abbott, 10920 Wilshire Boulevard, Los Angeles, appeared before the Planning Commission representing the applicant and described the applicant's proposed floor plan. Item #7 Approved MINUTES January 24, 198E�• of Newport Beach Ms. Abbott stated that regarding Condition No. 4, Exhibit "A", the applicant does not feel that this condition should require that the lessee be responsible to maintain the landscaping. The applicant has also requested that Condition No. 5, requiring a letter of agreement from the master lease holder, be deleted as it pertains to the utilization of the basement area and the applicant does not have intentions to use that area. Ms. Abbott commented that if they did utilize that space and there would be a need for additional parking, a use permit would be required. Mr. Hewicker replied that if the applicant occupied that space for an office or retail use a use permit would not be needed. Ms. Abbott further stated that the applicant's parking requirements are based on nighttime use.• In reference to Condition No. 15, Ms. Abbott• stated that the applicant has requested that the hours of operation be changed so that the nightclub could be open between 5:00 p.m. and 2:00 a.m. daily. Ms. Abbott stated that the applicant has compared staff's parking space requirements for the nightclub with the previous parking requirements of the yacht club, and is requesting that the parking requirement be changed from one space for each 30 sq. ft. of "net public area" to one space for each 40 sq. ft. of "net public area": Mr. Hewicker replied that staff's parking requirements were based on the more intensive type of restaurant that is being planned. Mr. Don Webb commented that there•is a possibility that six tandem parking spaces that the applicant is proposing may be located on a bicycle trail. Mr. Webb advised that this matter will be looked into and further commenting that one of the conditions states that the circulation system is subject to review by the Traffic Engineer. Commissioner Goff recommended that Condition No. 7 be modified in the event there would be a change in the parking space requirements. Mr. Hewicker advised Chairman Winburn that the applicant had originally requested the suggested hours of operation of 6:00 p.m. to 1:30 a.m. Mr. Hewicker stated that staff would be opposed'to the opening hour of 5:30 p.m. because there would be an overlap of office workers in the building leaving, and customers arriving early to the restaurant. Chairman Winburn s f� =23- ��I Motion All Ayes MMISSIONERS I xx c o x z c m j m i m a a= r Gl S `= 0 M>°°�City a m o m Y T m of 2 9 = y= m m � January 24, 1985 ) Beach advised Ms. Abbott that staff has made these recommendations so there will not be congestion in the parking area. Motion was made to approve Use Permit No. 3127, subject to the findings and conditions in Exhibit "A", and to delete Condition No. 4. Commissioner Goff asked to amend the motion so that Condition No. 7 be changed to read that the number of parking spaces may be adjusted by the City Traffic Engineer, and that Condition No. 13 he changed to read that 8 tandem and 43 compact parking spaces shall be permitted on -site. Commissioner Kurlander accepted thelamendment. Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal Commission and accepted.by the City Council; and is compatible with surrounding land uses. 2.' That the use of tandem and compact car spaces will not, under the circumstances of this 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 property and improvements in the neighborhood or the general welfare of the City and further that the proposed modifications are consistent with the legislative intent of Title 20 of this code. 3. The approval of Use Permit No. 3127 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. 4. That the proposed use is in keeping with the desired character of the specific plan area as identified in the General Plan. S. That the desig''n of the project or the proposed improvements will not conflict with any easements dz]= MINUTES Y"+ January 24, 198' ' Y. MINUTES ` a; C c M 9 m N°; O o o m r 0 0 City of Newport Beach i 9 2 a= T m acquired by the public at large for access through or use of property within the proposed development. CONDITIONS: 1. That all development shall be in substantial conformance with the approved plot plan, floor plan, and elevations except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 4. Deleted. 5. That the applicant shall obtain a letter of agree- ment from the master lease holder of the subject property, which provides that the existing uses on the property will not be changed or intensified so as to increase the overall parking demand of the site. Said agreement shall be approved as to form and content by the City Attorney and the Planning Department. 6. That the existing•second floor deck shall not be accessible to the general public and that the existing doors on the south elevation of the second floor shall be removed prior to the opening of the subject nightclub. . 7. That the proposed number of on -site parking spaces shown on the plot plan shall be slightly adjusted by the City Traffic Engineer. 8. That all employees of the nightclub shall be required to park on -site. 9. valets and/or attendants shall be provided at all times during the nightclub operation. 10. The valet parking service shall not preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car. The self -park spaces shall be clearly designated.. 11. That the City Traffic Engineer shall approve the location of the valet station. -25- j ze E') January 24, 1985 MINUTES Y x 0 c o � f 2 y r>> 9 m z c m m z m a a Z r O i a O O m 00 m i z a z a z T m of Newport Beach ROLL CALL 1 I I I Jill I INDEX 12. Handicapped parking shall be provided in a manner and quantity approved by the City Traffic Engineer. The Handicapped parking shall be available for self -parking. 13. That 8 tandem and 43 compact parking spaces shall be permitted within the on -site parking area. 14. That all amplified music shall be limited to pre- recorded music and shall be confined to the interior of the building. 15. That the hours of operation for the nightclub shall be limited to 6:00 p:m. to 1:30 a.m., daily. 16. That all signs shall conform to the requirements set forth in Section 20.06 of the Zoning Code. 17. That a Cafe Dance Permit for the proposed dancing shall be approved by the City. The dance floor shall be increased to a minimum size of 400 sq.ft. unless said permit is approved for a smaller floor. 18. That the Planning Commission may add/or modify conditions of approval to this use permit or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 19. 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. Reques o permit an expansion of an existing restaurant w on -sale alcoholic beveraqes so as to add a new room he restaurant which includes a dining room, bar, recep area and waitinq area. The, proposal also includes a st to pay an annual in -lieu fee to the city so as to a a portion of. the 01112 item #8 Use Perm . No. 3129 Approved -�I\ 1.,ISTRIES, R.E. July 3, 1985 City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92663-3884 Attention: Bill Ward, Senior Planner Planning Department RE: Promises Night Club Dear Bill: Pursuant to the conversation today between ourselves and Jordan Wank, we would like to clarify the fact that we are withdrawing our application for the live entertainment in regards to Promise's Night Club. The City should take no further action on this issue pending resolution. Also, enclosed please find a letter sent to Promise's regarding this matter. If you have any questions or comments, please do not hesitate giving me a call. JY:jmy Enclosure xc: Jordan Wank £A Or 1985A%. 4533 MacArthur Boulevard, Newport Beach, California 92660 714 756-IM az Planning Commission Meeting January 24, 1985 Agenda Item No CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 3127 (Public Hearing) 7 Request to permit the establishment of a cocktail lounge with dancing and prerecorded music on property located in the "Recreation Marine Commercial" area of the Mariner's Mile Specific Plan area. The proposal also includes a modification to the Zoning 'Code so as to allow the use of compact and tandem parking spaces in conjunction with a valet parking service for a portion of the required off-street parking spaces. LOCATION: A portion of Lot 170, Block 2, Irvine Subdivision, located at 3127 West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP-5 and C-2 i APPLICANT: David Schneider, Newport Beach OWNER: County of Orange ACTION: Application This application is a request to permit the establishment of a cock- tail lounge with dancing and prerecorded music on property located in the "Recreation Marine Commercial" area of the Mariner's Mile Specific Plan Area. The proposal also includes a modification to the Zoning code so as to allow the use of compact and tandem parking spaces in conjunction with a valet parking service. In accordance with Section 20.62.040, B. of the Newport Beach Municipal Code, restaurants are a permitted use in the "Recreation Marine Commercial" area of the Mariner's Mile Specific Area Plan, subject to the approval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code and modification procedures are set forth in Chapter 20.81. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class I (Existing Facilities) from the requirements of the California Environmental Quality Act. TO: Planning Commission -2- Conformance with the General Plan and the Local Coastal Program, Land Use Plan The Land Use Element of the General Plan and the adopted Local Coastal Program, Land Use Plan, designate the site for "Recreation Marine Commercial" uses. The proposed cocktail lounge and disco are a permitted use within this designation, subject to the approval of a use permit. Subject Property and surrounding Land Use The subject property is currently developed with a five story office building containing 13,605 ± sq.ft. of floor area devoted to general office use, 5,100 ± sq.ft. devoted to bank use, 6,100 ± sq.ft. (gross) devoted to restaurant use and 5,120 ± sq.ft. (gross) devoted to private club use (currently out.of business). Westerly of the office building located on the same property is a single story building adjacent to the bulkhead which is used for yacht brokers offices in conjunction with the Newport Arches Marina which contains 54 boat slips. To the north, across West Coast Highway, is.the Arches Restau- rant, the old TNT Restaurant (now vacant) and a bank; to the east is the Villa Nova Restaurant; to the south is Newport Bay; and to the west, across Newport Boulevard is the Balboa Coves residential area. Background At its meeting of September 7, 1967, the Planning Commission approved Use Permit No. 1302 which was a request to construct a five story building (71 feet height) which exceeded the 50 foot height limit in the C-2 District. Said action was subject to the following con- ditions: 1. All.development shall be substantially as shown on the plans filed with the application. 2. There shall be no mechanical appurtenances pro- jecting above the proposed parapet wall. All such appurtenances, vents, equipment, etc. on the roof shall be fully screened from the view from any nearby properties or buildings which may be at a higher elevation. 3. Complete landscaping and irrigation system plans, including planter areas within the parking lot, shall be prepared by a licensed landscape architect and shall be approved by the Planning Director. The'applicant shall install approved landscaping on the adjoining State Highway R/W, permission for which shall be obtained by the City. All landscaping shall be permanently maintained in good condition. TO: Planning Commission -3- 4. All signs on the premises shall comply with the Sign Code and there shall be no signs displayed above the roof of the first story of the building. 5. Construct an additional 150 ft. of 30 inch high wall adjacent to the northerly property line abutting the parking lot. Such wall shall match in color and detail the existing wall and is in- tended to further screen the automobile parking from Coast Highway. 6. There shall be substantial construction under way within eighteen months from date of approval or the use permit shall become null and void. At its meeting of September 25, 1967, the City Council reviewed Use Permit No. 1302 and sustained the action of the Planning Commission. At its Meeting of October 15, 1970 the Planning Commission approved Use Permit No. 1302 (Amended) which included a request to establish a T.V. banking facility in conjunction with the existing bank and a request to permit a floating restaurant containing 150 seats. The Planning Commission approved the T.V. banking operation, however, the floating restaurant was denied. The T.V. banking facility was rat eer �U constructed and pRe �No"1302 -(Amended-)—ex ed—Ewo=yeaxs— At its meeting of' June 21, 1973, the Planning Commission approved Use Permit No. 1678 which was another request to establish a T.V. banking facility on the subject property. Again the facility was never constructed and the Use Permit expired two years later. Analysis The second floor of the existing five story building was originally used for a private yacht club, containing 5,120 ± sq.ft, of (gross) floor area. Such facilities were originally a permitted use in the commercial districts without approval of a use permit. The applicant is now proposing to convert the private club area into a public cocktail lounge with dancing and prerecorded music. The facility will include a disco containing a 323 ± sq.ft. dance floor and a main bar room which will include a second dance floor containing 144 ± sq.ft. However, Section 5.32.030 of the Newport Beach Municipal Code provides that a minimum 400 sq.ft. dance floor is required where the seating capacity is in excess of 75 persons. A Cafe Dance Permit may be issued where less space is available upon the .affirmative finding by the City that the area reserved for dancing is separate from the general seating of the patrons and the physical arrangement of the establishment in other respects is such that the lesser space would provide adequate room for dancing. TO: Planning Commission -4- The total "net public area" of the facility will be -approximately 2,776 ± sq.ft. The hours of operation will be from 6:00 p.m. to 1:30 a.m., daily and there will be a.maximum of 19 employees on duty during peak hours of operation. Off -Street Parking Requirements In 1967 when the subject property was originally developed, the C-2 Zoning of the property did not have a specific off-street parking requirement. However, the Planning Commission, in conjunction with their approval of Use Permit No.,1302, concluded that the 184 parking spaces proposed by the applicant, would be adequate for the develop- ment which included 19,000 ± sq.ft. of floor area for office and bank use, a restaurant containing 250 seats, a 5,120 sq.ft. private yacht club, an existing marina containing 54 boat slips, and a yacht broker- age office containing 661 ± sq.ft. In approving the above parking requirement the Planning Commission gave consideration to the parking characteristics of the intended uses; particularly the point that the peak parking demands for the restaurant were different than that of the office and bank facilities. It should also be noted that inasmuch as the Planning Commission did not specify a parking requirement for each specific use on the property, staff has no basis for determining how much of the existing on -site parking is devoted to each use. However, the Planning Commission did use the "H" District parking standards as a basis of comparison in determining that the proposed 184 parking spaces would be adequate. The "H" District parking standards at that time were as follows: 1. Restaurants - one parking space for each 3 seats. Office - one parking space for each 250 sq.ft. of floor area. Yacht club - one parking space for each 250 sq.ft. of floor area. Other provisions of the Municipal Code established the parking re- quirement for the marina as one parking space for each two boat slips. In 1979 the existing restaurant in the building was remodeled and the number of seats were reduced from 250 to 192. Based on the previous restaurant parking standard that existed in the "H" District when the restaurant was established, the existing restaurant parking require- ment was reduced to 64 spaces. The parking requirement for all other uses on the property remained the same. Off -Street Parking for the Proposed Nightclub and Disco As indicated on the attached plans, the proposed night club contains 2,776 ± sq.ft. of "Net Public Area". Based upon a parking requirement of one parking space for each 40 sq.ft. of "Net Public Area", 70 TO: Planning Commission -5- parking spaces would be required for the nightclub. It should also be mentioned that the Planning Commission, pursuant to section 20.30.035 B (4) of the Municipal Code, may increase or decrease the parking requirement for a restaurant or bar within a range of one parking space for each 30 sq.ft. of "Net Public Area" (93 spaces) down to one parking space for each 50 sq.ft. of "Net Public Area" (56 spaces). Based on the operational characteristics of the nightclub, it is staff's opinion that one parking space for each 30 sq.ft. of "Net Public Area" should be required. In light of the variety of parking formulas applicable to the subject property and the different hours of operation for each use, staff has prepared the following table which outlines the daytime and nighttime parking requirement for each use: PARKING•REQUIREMENT USE FORMULA DAY NIGHT Offices and bank One Parking Space 76 0 (19,000 ± sq.ft.) for each 250 sq.ft. Restaurant (192.seats) One Parking Space 64 64 (nonconforming) for each 3 seats Proposed Nightclub One Parking Space 0 93 and Disco (2,776 ± sq.ft. for each 3Q Net Public Area") of "Net Public•ft. Marina (54 slips) One Parking Space 27 27 (Nonconforming) for each 2 boat slips Yacht Brokerage One Parking Space 3 0 Offices (661 ± sq.ft.) for each 250 sq.ft. TOTAL 170 184 Proposed Off -Street Parking There are approximately 175 parking spaces currently located on the subject property. However, as indicated on the attached site plan, the applicant proposes to restripe the existing parking lot so as to provide 176 daytime spaces and 184 nighttime spaces. The new parking design includes 131 standard spaces, 43 compact spaces (23 percent), 2 handicapped spaces, and 8 tandem spaces (to be used at night only) . The proposed parking plan also includes a valet parking service during the evening in order to facilitate the use of the proposed tandem parking spaces. TO: Planning Commission -6- Unused Basement Area The original construction of the five -story building included a basement containing approximately 7000 ± square feet. Although .it is substantially unimproved and currently used for miscellaneous storage, at one time it was used as a restaurant. Inasmuch as staff has not included the basement area in determining the overall parking require- ment for the site, it is staff's suggestion that should the Planning Commission wish to approved this application, the applicant be required to obtain from the master_ lease holder and agreement which will provide that the existing land uses on the site and bayward of the site will not change or intensify so as to increase the parking demand for the subject property. Existing Second Floor Deck The original construction of the building included a large 25 ft. x 71 ft. exterior deck on the second floor, which was accessible from building by means of two large glass doors located on the south elevation of the building. Inasmuch as the deck area does ,not have the required number of exits to be used for public assembly purposes in conjunction with the proposed night club, the Fire Department has required that the two doors be removed and that no portion of the deck be accessible to the general public. It should be further noted that the use of the deck in conjunction with the night club is also pre- cluded by the lack of adequate off-street parking. Specific Findings and Recommendation 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. J TO: Planning Commission -7- Staff recommends approval of Use Permit No. 3127 and suggests that the Planning Commission take such action subject to the findings and conditions of approval as set for in the attached Exhibit "A". However, should the Planning Commission wish to deny this application the findings set forth in the attached Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, DIRECTOR BY4 Si www o UP28 Atta, TO: Planning Commission -8- EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3127 FINDINGS: 1. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. 2. That the use of tandem and compact car spaces will not, under the circumstances of this 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 property and improvements in the neighborhood or the general welfare of the City and further that the proposed modifications are consistent with the legislative intent of Title 20 of this code. 3. The approval of Use Permit No. 3127 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. 4. That the proposed use is in keeping with the desired character of the specific plan area as identified in the General Plan. 5. That the design of the project or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. CONDITIONS: 1. That all development shall be in substantial conformance with the approved plot plan, floor plan, and elevations except 'as noted below. 2.. That all improvements be constructed as required by Ordinance and the Public Works Department. TO: Planning Commission -9- 3. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 4. The existing on -site landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 5. That the applicant shall obtain a letter of agree- ment from the master lease holder of the subject property, which provides that the existing uses on the property will not be changed or intensified so as to increase the overall parking demand of the site. Said agreement shall be approved as to form and content by the City Attorney and the Planning Department. 6. That the existing second floor deck shall not be accessible to the general public and that the existing doors on the south elevation of the second floor shall be removed prior to the opening of the subject nightclub. 7. That a minimum of our parking space for each 30 sq.ft. of "Net Public Area" shall be provided for the proposed nightclub. B. That all employees of the nightclub shall be required to .park oh -site. 9. valets and/or attendants shall be provided at all times during the nightclub operation. 10. The valet parking service shall not preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car. The self -park spaces shall be clearly designated. 11. That the City Traffic Engineer shall approve the location of the valet station. 12. Handicapped parking shall be provided in a manner and quantity approved by the City Traffic Engirieer. The Handicapped parking shall be available for self -parking. 13.• That 8 compact parking spaces shall be permitted within the on -site parking area. 14. That all amplified music shall be limited to pre- TO: Planning Commission -10- recorded music and shall be confined to the interior of the building. 15. That the hours of operation for the nightclub shall be limited to 6:00 p.m. to 1:30 a.m., daily. 16. That all signs shall conform to the requirements set forth in Section 20.06 of the zoning Code. 17. That a Cafe Dance Permit for the proposed dancing shall be approved by the City. The dance floor shall be increased to a minimum size of 400 sq.ft. unless said permit is approved for a smaller floor. 18. That the Planning Commission may add/or modify conditions of approval to this use permit or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 19. This use permit shall expire unless'exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. TO: Planning Commission -11- EXHIBIT "B" FINDINGS FOR DENIAL OF USE PERMIT NO. 3127 1. That the establishment of the proposed nightclub and disco represents an intensification of the previous yacht club use which occupied the second floor of the existing building. 2. That said night club will require a greater amount of parking and generate more traffic than the previous yacht club use. 3. That the proposed parking facilities are inadequate for the total combined use of the subject property. 4. That the establishment, maintenance or operation of the proposed nightclub and disco 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 and the general welfare of the City. VI'�I N I TY MAP 4 w ^w+• . •'••DRO'/l0'�Ff DEC GA,ISSG y tr1• SP'S Sf-s h Es2- J� C-I H , Kor I ' JLL MAI AAN. 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