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HomeMy WebLinkAbout06/20/1985V\MI551UNWK P REGULAR PLANNING PLACE: COMMISSION MEETING City Council Chambers x x c O = TIME: 7 :30 P.M. z c m' n z DATE: June 20, 1985 c= w o g 0 0 M = a = r m City of Newport Beach ROLL Present IxIxIxIx IxI All Commissioners Present. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Carol Korade, Assistant City Attorney STAFF MEMBERS PRESENT William R. Laycock, Current Planning Administrator Dick Hoffstadt, Subdivision Engineer Dee Edwards, Secretary �1111111� Minutes of June 6, 1985 Motion x Motion was made for approval of the June 6, 1985, All Ayes Planning Commission Minutes, which MOTION CARRIED. x r t Planning Director James Hewicker stated that staff has recommended that Item No. 1, Use Permit No. 1417 (Amended), be removed from calendar and that Mr. William Ray, applicant, has requested that Item No. 2, Use Permit No. 3147, be withdrawn. t x Use Permit No. 1417(Amended) (Continued Public Hearing) . Request to amend a previously approved use permit that permitted on -sale alcoholic beverages and dancing entertainment in conjunction with an existing restau- rant in the C -1 District. The proposed amendment is to MINUTES tem 7A of 1 • MISSIONERS1 June 20, 1985 MINUTES change the Park Bar and Grill Restaurant's hours of operation so as to permit the service of .lunch and dinner between the hours of 11:00 a.m. and 2:00 a.m., Monday through Saturday and 10:30 a.m. and 2:00 a.m. on Sundays. The proposed development also includes a full service bar, an addition of an open patio for dining and drinking purposes, and the use of live entertain- ment within the restaurant facility. The proposal also includes the request of an informal off -site parking agreement which will provide additional restaurant parking spaces. LOCATION: Lots 1, 2, and a portion of Lot 3, Block C,. Tract No. 470 and an abandoned portion of Carnation Avenue, located at 2515 East Coast. Highway, on the south- westerly corner of East Coast Highway and Carnation Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Loomis Foods, Inc., Corona del Mar OWNER: Poole Properties, Inc., Corona del Mar Planning Director James Hewicker stated that staff has recommended that Use Permit No. 1417(Amended) be removed from calendar at this time. Use Permit No. 3147 (Continued Public Hearing) Request to establish.a retail commercial nursery with outdoor display of plants and related items, on pro- perty located in the C -1 -H District. The proposal also includes a modification to the Zoning Code so as to allow the use of compact size parking spaces for a portion of the required off - street parking spaces. LOCATION: Lots 61; 62 and 63 of Tract No. 1210, located at 1700 West Coast Highway, on the northerly side of West Coast Highway, easterly of Mariner's Mile. ZONE: C -1 -H APPLICANT: William Ray, Newport Beach OWNERS: Mr. and Mrs. William Ray, Newport Beach -2- Item No, 2 UP3147 Withdrawn �x c o � - v > m C c 2 9 w p; o M o = a = m City of Newport Beach change the Park Bar and Grill Restaurant's hours of operation so as to permit the service of .lunch and dinner between the hours of 11:00 a.m. and 2:00 a.m., Monday through Saturday and 10:30 a.m. and 2:00 a.m. on Sundays. The proposed development also includes a full service bar, an addition of an open patio for dining and drinking purposes, and the use of live entertain- ment within the restaurant facility. The proposal also includes the request of an informal off -site parking agreement which will provide additional restaurant parking spaces. LOCATION: Lots 1, 2, and a portion of Lot 3, Block C,. Tract No. 470 and an abandoned portion of Carnation Avenue, located at 2515 East Coast. Highway, on the south- westerly corner of East Coast Highway and Carnation Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Loomis Foods, Inc., Corona del Mar OWNER: Poole Properties, Inc., Corona del Mar Planning Director James Hewicker stated that staff has recommended that Use Permit No. 1417(Amended) be removed from calendar at this time. Use Permit No. 3147 (Continued Public Hearing) Request to establish.a retail commercial nursery with outdoor display of plants and related items, on pro- perty located in the C -1 -H District. The proposal also includes a modification to the Zoning Code so as to allow the use of compact size parking spaces for a portion of the required off - street parking spaces. LOCATION: Lots 61; 62 and 63 of Tract No. 1210, located at 1700 West Coast Highway, on the northerly side of West Coast Highway, easterly of Mariner's Mile. ZONE: C -1 -H APPLICANT: William Ray, Newport Beach OWNERS: Mr. and Mrs. William Ray, Newport Beach -2- Item No, 2 UP3147 Withdrawn COMMISSIONERS June 20, 1985 c O � x z c m o m z M m y T City of Newport Beach e ,LL Planning Director James Hewicker advised that Mr. William Ray, applicant, has requested that Use Permit No. 3147 be withdrawn. General Plan Amendment 85 -2 (Discussion) Consideration of initiation of an amendment to the Land Use Element of the Newport Beach General Plan for the A. T. & T. facility site on Camelback Street in the North Ford Planned Community. - - Initiated by: The City of Newport Beach Planning Director James Hewicker cited that the subject General Plan Amendment is unusual because the request is from John Dunzer, a Newport Beach citizen who has asked that a General Plan be amended for a specific property wherein the citizen has no specific involvement in the subject property at the present • time. He stated that the City Council has already initiated General Plan Amendment No. 84 -2 for the U. S. Post Office site adjacent to the subject property. Mr. Hewicker stated that the subject property is owned by The Irvine Company and leased by American Telephone and Telegraph Company, wherein the uses that are on the property have been permitted under the General Plan and Zoning Code and there are no development rights left for further development under the current General Plan. Mr. Hewicker advised that Mr. Dunzer is seeking additional square footage of development and a change in the land use designation on the site. Mr. Hewicker advised that across the street from the subject property is the North Ford Development Area No. 3, which is a five acre commercial site that the City would permit up to 50,000 square feet of commercial uses, similar to the same type of uses that Mr. Dunzer is proposing to develop on the American Telephone and Telegraph site. Mr. Hewicker cited that under the proposed General Plan Amendment on the U. S. Post Office property, up to 60,000 square feet of floor area could be devloped. • ( I I I Mr. Hewicker stated that the Planning Commission does not have to make findings in regards to a General Plan -3- MINUTES 85 -2 m s m m z z r 0 Z Z Z Z= x x Z T m m Y Y of Newport Beach e ,LL Planning Director James Hewicker advised that Mr. William Ray, applicant, has requested that Use Permit No. 3147 be withdrawn. General Plan Amendment 85 -2 (Discussion) Consideration of initiation of an amendment to the Land Use Element of the Newport Beach General Plan for the A. T. & T. facility site on Camelback Street in the North Ford Planned Community. - - Initiated by: The City of Newport Beach Planning Director James Hewicker cited that the subject General Plan Amendment is unusual because the request is from John Dunzer, a Newport Beach citizen who has asked that a General Plan be amended for a specific property wherein the citizen has no specific involvement in the subject property at the present • time. He stated that the City Council has already initiated General Plan Amendment No. 84 -2 for the U. S. Post Office site adjacent to the subject property. Mr. Hewicker stated that the subject property is owned by The Irvine Company and leased by American Telephone and Telegraph Company, wherein the uses that are on the property have been permitted under the General Plan and Zoning Code and there are no development rights left for further development under the current General Plan. Mr. Hewicker advised that Mr. Dunzer is seeking additional square footage of development and a change in the land use designation on the site. Mr. Hewicker advised that across the street from the subject property is the North Ford Development Area No. 3, which is a five acre commercial site that the City would permit up to 50,000 square feet of commercial uses, similar to the same type of uses that Mr. Dunzer is proposing to develop on the American Telephone and Telegraph site. Mr. Hewicker cited that under the proposed General Plan Amendment on the U. S. Post Office property, up to 60,000 square feet of floor area could be devloped. • ( I I I Mr. Hewicker stated that the Planning Commission does not have to make findings in regards to a General Plan -3- MINUTES 85 -2 Mr. Hewicker advised that across the street from the subject property is the North Ford Development Area No. 3, which is a five acre commercial site that the City would permit up to 50,000 square feet of commercial uses, similar to the same type of uses that Mr. Dunzer is proposing to develop on the American Telephone and Telegraph site. Mr. Hewicker cited that under the proposed General Plan Amendment on the U. S. Post Office property, up to 60,000 square feet of floor area could be devloped. • ( I I I Mr. Hewicker stated that the Planning Commission does not have to make findings in regards to a General Plan -3- MINUTES 85 -2 -3- MINUTES 85 -2 COMMISSIONERS1 June 20, 1985 MINUTES ROLL CALL I I I I I I I I I INDEX Amendment; however, he recommended that because of the unusual circumstances in that a request has been submitted by an individual other than an owner or tenant, that findings should be included that indicate that: the property has been developed and complies with the City's General Plan Amendment and zoning Code; that one study for General Plan Amendment No. 84 -2 is underway on the U. S. Post Office site; and commercial development across the street from the subject property is in the process of being graded. He suggested that the Planning Commission recommend to the City Council that the General Plan Amendment is unwarranted and that the request should be returned to the originator. x .T Mr. Hewicker cited that because City Council Policy Q -1 C o � does allow a citizen to request a General Plan a x C v 9 m i s m M z Z = a a m City of Newport Beach City Council Policy Q -1 in that there are many types of MINUTES ROLL CALL I I I I I I I I I INDEX Amendment; however, he recommended that because of the unusual circumstances in that a request has been submitted by an individual other than an owner or tenant, that findings should be included that indicate that: the property has been developed and complies with the City's General Plan Amendment and zoning Code; that one study for General Plan Amendment No. 84 -2 is underway on the U. S. Post Office site; and commercial development across the street from the subject property is in the process of being graded. He suggested that the Planning Commission recommend to the City Council that the General Plan Amendment is unwarranted and that the request should be returned to the originator. Mr. John Dunzer, 1958 Port Locksleigh, appeared before the Planning Commission, stating that he has no intention to request a zoning or land use change on the vacant property. Mr. Dunzer commented that the subject property is currently zoned as commercial /industrial whereas the aforementioned North Ford property is currently zoned for a neighborhood commercial center. Mr. Dunzer stated that The Irvine Company recently put a use clause in their lease that the subject property can only be used for the purpose of a vehicle center for trucks, which he opined is a heavy traffic use. Mr. Dunzer further stated that The Irvine Company has leased the property to American Telephone and Telegraph for ten years, and that the property could be developed in a more resourceful manner than is currently being utilized. Commissioner Turner asked Mr. Dunzer if The Irvine Company has accepted'his offer subject to the change in • the General Plan, and if the Planning Commission should approve the General Plan, how would this proposal affect the use clause between The Irvine Company and American Telephone and Telegraph? Mr. Dunzer replied that he has made an offer to The Irvine Company that they did not accept. -4- Mr. Hewicker cited that because City Council Policy Q -1 does allow a citizen to request a General Plan Amendment, there may be a need on the part of the City Council to clarify the intent of the City Council policy and the existing language which is currently in City Council Policy Q -1 in that there are many types of General Plan Amendments that can be initiated. He • stated that some types can be requested by a citizen or a group of citizens, and other types can be initiated by property owners, the City Council, the Planning Commission or staff. Mr. John Dunzer, 1958 Port Locksleigh, appeared before the Planning Commission, stating that he has no intention to request a zoning or land use change on the vacant property. Mr. Dunzer commented that the subject property is currently zoned as commercial /industrial whereas the aforementioned North Ford property is currently zoned for a neighborhood commercial center. Mr. Dunzer stated that The Irvine Company recently put a use clause in their lease that the subject property can only be used for the purpose of a vehicle center for trucks, which he opined is a heavy traffic use. Mr. Dunzer further stated that The Irvine Company has leased the property to American Telephone and Telegraph for ten years, and that the property could be developed in a more resourceful manner than is currently being utilized. Commissioner Turner asked Mr. Dunzer if The Irvine Company has accepted'his offer subject to the change in • the General Plan, and if the Planning Commission should approve the General Plan, how would this proposal affect the use clause between The Irvine Company and American Telephone and Telegraph? Mr. Dunzer replied that he has made an offer to The Irvine Company that they did not accept. -4- COMMISSIONERSI rune 20, 1985 Mr. Hewicker advised that staff has not recommended to do nothing in regards to the subject property. He stated that there is a General Plan Amendment under consideration on the vacant property adjacent to the U. S. Post Office, in which case 60,000 square feet of floor area would be permitted to be developed on that parcel if development rights were granted, based upon .5 times the buildable area of the site. He said that the initial cost for a study is $6,000. although the U. S. Post Office has not yet initiated said study. Mr. Hewicker stated that the proposed study would include the vacant site adjacent to the Post Office and the remaining under - developed and undeveloped parcels in the North Ford area to determine what types of impact the granting of development rights on the U. S. Post Office property might have on the other sites. Mr. Hewicker commented that there may not be a need for a General Plan Amendment if the Post Office decides to proceed with additional postal services on the subject property. He said that the site is currently designated for "Governmental, Educational and Institutional Facilities" uses. Commissioner Turner stated that because it is not feasible for the applicant to purchase the property from The Irvine Company, and that there is presently a use clause in the ten year lease on the property, Motion x Commissioner Turner made a motion to recommend to the All Ayes City Council that the request for General Plan Amendment No. 85 -2 is unwarranted and that the request be returned to the originator without further action, and that Findings for GPA 85 -2 submitted by staff be included. Commissioner Turner also recommended that the City Council clarify its intent under Council Policy Q -1 and the right of citizens to make requests for General Plan Amendments on specific properties in which they have no right, title, or interest. Motion voted on, MOTION CARRIED. FINDINGS FOR GPA 85 -2 1. That the City's General Plan and existing zoning will currently allow an additional 50,000 sq.ft. of commercial development across the street from the subject site. Said development site is in the • process of being graded. 2. In addition to the 50,000 sq.ft. noted above, the City Council has initiated General Plan Amendment No. 84 -2. which, if approved, would allow up to -5- MINUTES INDEX xx c O c m z z T a= H o L O O 9 m City of Newport Beach Mr. Hewicker advised that staff has not recommended to do nothing in regards to the subject property. He stated that there is a General Plan Amendment under consideration on the vacant property adjacent to the U. S. Post Office, in which case 60,000 square feet of floor area would be permitted to be developed on that parcel if development rights were granted, based upon .5 times the buildable area of the site. He said that the initial cost for a study is $6,000. although the U. S. Post Office has not yet initiated said study. Mr. Hewicker stated that the proposed study would include the vacant site adjacent to the Post Office and the remaining under - developed and undeveloped parcels in the North Ford area to determine what types of impact the granting of development rights on the U. S. Post Office property might have on the other sites. Mr. Hewicker commented that there may not be a need for a General Plan Amendment if the Post Office decides to proceed with additional postal services on the subject property. He said that the site is currently designated for "Governmental, Educational and Institutional Facilities" uses. Commissioner Turner stated that because it is not feasible for the applicant to purchase the property from The Irvine Company, and that there is presently a use clause in the ten year lease on the property, Motion x Commissioner Turner made a motion to recommend to the All Ayes City Council that the request for General Plan Amendment No. 85 -2 is unwarranted and that the request be returned to the originator without further action, and that Findings for GPA 85 -2 submitted by staff be included. Commissioner Turner also recommended that the City Council clarify its intent under Council Policy Q -1 and the right of citizens to make requests for General Plan Amendments on specific properties in which they have no right, title, or interest. Motion voted on, MOTION CARRIED. FINDINGS FOR GPA 85 -2 1. That the City's General Plan and existing zoning will currently allow an additional 50,000 sq.ft. of commercial development across the street from the subject site. Said development site is in the • process of being graded. 2. In addition to the 50,000 sq.ft. noted above, the City Council has initiated General Plan Amendment No. 84 -2. which, if approved, would allow up to -5- MINUTES INDEX MMIS5IUNLK5 June 20, 1985 x� _ a a a m z c m > z m a a 2 z r 0 x ° ; ° ° i s o m> Z r m 2 a 2 City of Newport Beach MINUTES ROLL CALL I III ill I I INDEX 60,000 sq.ft. of Administrative, Professional, Financial Commercial uses on the vacant site north of the Post Office. Said General Plan Amendment will also look at development potential on underdeveloped sites in the immediate area. 3. The subject property has been developed in accord- ance with the City's General Plan and zoning. No further development rights exist on the subject site. 4. The subject property is currently leased to A.T.T. by The Irvine Company. There are approximately ten years remaining on the lease. The Irvine Company has indicated that the uses requested would not be permitted under the existing lease, and the Company has no current plans for a change in use. 5. The Planning Department has sufficient workload and projects of higher priority assigned to it, as noted in the staff report. 6. This request raises an issue as to the intent of the City Council under Council Policy Q -1 and the right of citizens to make requests for General Plan Amendments which specifically affect indivi- dual properties in which they have no right, title or interest. R Use Permit No. 1797 (Amended) (Public Hearing) Request to amend a previously approved use permit which allowed the establishment of a take -out restaurant with on -sale beer and wine and an outdoor eating area. The proposed amendment includes a request to enclose a portion of the existing outdoor eating area so as to establish an ice cream sales area within the subject restaurant. LOCATION: Parcel No. 2 of Parcel Map 108 -27 (Resubdivision No. 577), located at 4501 Jamboree Road, between Birch Street and MacArthur Boulevard, in the.Koll Center Newport Planned Community. ZONE: P -C 'SZ 97A COM/IAISSIONERSI June 20, 1985 MINUTES 071 APPLICANT: OWNERS: Templeton Beach INDEX Der Wienerschnitzel International, Inc., Newport Beach Thomas B. and Lynn K. Wooldridge, The public hearing was opened at this time, and Eva Sloan, architect, appeared before the Planning Commission on behalf of the applicant. Ms. Sloan stated that the applicant concurs with the findings and conditions in Exhibit "A ". The public hearing was closed at this time. Motion 111] 1111 Commissioner Person made a motion to approve Use Permit All Ayes No. 1797 (Amended) subject . to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: • 1. That the subject restaurant and proposed ice cream parlor is consistent with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the proposed change in the operational characteristics of the existing restaurant so as to include the proposed ice cream facility, will not increase the parking demand of the restaurant inasmuch as said expansion will occupy space previously used for outdoor eating purposes. 4. Adequate off - street parking spaces and traffic circulation are being provided for the proposed development. 5. The Police Department has indicated that they do not contemplate any problems. a x c o � 6. The approval of Use Permit No. 1797 (Amended) will z c m > z m a z z r o z =_ C %OO 0 1 z z= w M m a a 071 APPLICANT: OWNERS: Templeton Beach INDEX Der Wienerschnitzel International, Inc., Newport Beach Thomas B. and Lynn K. Wooldridge, The public hearing was opened at this time, and Eva Sloan, architect, appeared before the Planning Commission on behalf of the applicant. Ms. Sloan stated that the applicant concurs with the findings and conditions in Exhibit "A ". The public hearing was closed at this time. Motion 111] 1111 Commissioner Person made a motion to approve Use Permit All Ayes No. 1797 (Amended) subject . to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: • 1. That the subject restaurant and proposed ice cream parlor is consistent with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the proposed change in the operational characteristics of the existing restaurant so as to include the proposed ice cream facility, will not increase the parking demand of the restaurant inasmuch as said expansion will occupy space previously used for outdoor eating purposes. 4. Adequate off - street parking spaces and traffic circulation are being provided for the proposed development. 5. The Police Department has indicated that they do not contemplate any problems. -7- 6. The approval of Use Permit No. 1797 (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. -7- t v /vt /Vt1.3-NUNM� June 20,. 1985 x°. C T r 9 m z c m Z z a A A z r o x C m o zA a Az * m; M o Cit A Y of Newport Beach m KULL CALL CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan and elevations. 2. That all applicable conditions of approval of the original Use Permit No. 1797 and subsequent amendments shall be fulfilled. Site Plan Review No. 39 (Public Hearing) Request to permit the construction of a retail commer- cial /office building on property in the C -1 District of the Corona del Mar Specific Plan Area where a Specific Plan has not been adopted. The proposal also includes a modification to the Zoning Code so as to allow the use of compact size parking spaces for a portion of the required off- street parking, and the acceptance of an environmental document. LOCATION: Parcel 1 of Parcel Map No. 84 -726, (Resubdivision No. 796), located at 3100 East Coast Highway, on the northeasterly corner of East Coast Highway and Jasmine Avenue, in Corona del Mar. APPLICANT: Ernest George, Corona del Mar OWNER: Same as applicant Planning Director James Hewicker stated that the service ststion storage tanks on the site were removed in July, 1984, at which time an inspector from the Fire Department was present, wherein there was no determination or observation that there was any storage tank leakage or contamination. In response to a question posed by Commissioner Kurlander, Mr. William Laycock, Current Planning Administrator, advised that the parking requirements are determined by the gross floor area of a building, exclusive of exterior walls. In reference to Condition No. 28, Commissioner Goff inquired how to revoke the approval of a Site Plan Review? Mr. Hewicker replied that language could be • added that if there are situations that occur in the future, wherein the Planning Commission has determined that a problem has been .created, then the Planning Commission could have the situations corrected rather -8- MINUTES COMMISSIONERS June 20, 1985 MINUTES �! R A � ]Cb 7 = ' _ C m Eo a a =r A I . 9= A a M m City of Newport Beach R L CALL INDEX than revoke the site Plan Review. Chairman Winburn concurred to correct Condition No. 28 to state that the condition should read "Site Plan Review" instead of "use permit ", and to delete reference to the revocation. The public hearing was opened at this time, and Mr. Ernest George, 2865 East Coast Highway, appeared before the Planning Commission. Mr. George stated that he concurs with the findings and conditions in Exhibit "A". In response to Chairman Winburn's reference to Condition No. 26 regarding that building permits will not be issued until the applicant can show evidence of having obtained an easement for vehicular egress over adjoining property, Mr. George replied that he is negotiating with the owners of the property and their attorney to give him the easement. The public hearing was closed at this time. Commissioner Kurlander made a motion to approve Site • Plan Review No. 39, subject to the findings and conditions of approval in Exhibit "A ", with Condition No. 28 modified. Motion voted on, and MOTION CARRIED. FINDINGS! 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. The proposed development is a high - quality pro- posal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 4. The proposed development does not adversely affect the public benefits derived from the expenditures of public funds for improvement and beautification of street and public facilities within the area. 5. The proposed development will not preclude the I ( I I I ( attainment of the specific area plan objectives stated in the Land Use Element of the General Plan. 10 COMMISSIONERS June 20, 1985 MINUTES 7t A C O = y S > 7 m z 9 = A = ' m City of Newport Beach C z w o 9 0 O a ROLL CALL INDEX 6. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City -wide impor- tance. 7. That the design of 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. 8. The proposed number of compact car spaces consti- tutes 21.4 percent of the required off - street parking spaces which is within limits generally accepted by the Planning Commission relative to previous similar applications. 9. The project will not have any significant environ- mental impact. 10. That an Initial study and Negative Declaration have been prepared in compliance with the • California Environmental Quality Act, and that their contents have been considered in the decisions on this project. 11. That the establishment, maintenance of operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improve- ments in the neighborhood or the general welfare of the City, and further that the proposed modi- fication to allow the use of compact size parking spaces for a portion of the required parking is consistent with the legislative intent of Title 20 of the Municipal Code.., CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, elevations and sections, except as noted below. I ( ( I I 2. That all improvements be constructed as required by ordinance and the Public Works Department -10- ROLL • 1I u June 20, 1985 Of t Beach 3. That the on -site parking, vehicular circulation and pedestrian circulation systems by subject to further review by the Traffic Engineer. 4. That all applicable conditions of Resubdivision No. 796 be fulfilled. 5. That the intersection of the streets and drives be designed to provide sight distance for a speed of 40 miles per hour along East Coast Highway. Slopes, landscaping, walls and other obstruction shall be considered in the sight distance require- ments. Landscaping within the sight distance line shall not exceed, twenty -four inches in height. The sight distance requirement may be approxi- mately modified at non - critical locations, subject to approval of the Traffic Engineer. 6. That the deteriorated sidewalk along the East Coast Highway and Jasmine Avenue frontages be reconstructed; that the unused drive aprons on East Coast Highway and Jasmine Avenue . be removed and replaced with curb, gutter, and sidewalk; that a curb access ramp be constructed at the corner of Jasmine Avenue and East Coast Highway and that the proposed drive apron on East Coast Highway be constructed per City Standard 166 -L. That all work within the East Coast Highway right of way be completed under an encroachment permit issued by the California Department of Transportation. 7. That applicable County Sanitation District fees be paid prior to issuance of any building permits. 8. Handicap, employees, and compact spaces shall be marked in a manner acceptable to the Traffic Engineer. 9. That a maximum of 22 percent (3 spaces) of the required parking spaces may be compact spaces. 10. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -use facilities. 11. The applicant shall provide for weekly vacuum sweeping of the paved parking area and drives. -11- MINUTES x x c o � x z c m z Z 11 M 9 Z r 0 x c 2 w o p; 0 0 n m O m> m Z a 2 p i m m ROLL • 1I u June 20, 1985 Of t Beach 3. That the on -site parking, vehicular circulation and pedestrian circulation systems by subject to further review by the Traffic Engineer. 4. That all applicable conditions of Resubdivision No. 796 be fulfilled. 5. That the intersection of the streets and drives be designed to provide sight distance for a speed of 40 miles per hour along East Coast Highway. Slopes, landscaping, walls and other obstruction shall be considered in the sight distance require- ments. Landscaping within the sight distance line shall not exceed, twenty -four inches in height. The sight distance requirement may be approxi- mately modified at non - critical locations, subject to approval of the Traffic Engineer. 6. That the deteriorated sidewalk along the East Coast Highway and Jasmine Avenue frontages be reconstructed; that the unused drive aprons on East Coast Highway and Jasmine Avenue . be removed and replaced with curb, gutter, and sidewalk; that a curb access ramp be constructed at the corner of Jasmine Avenue and East Coast Highway and that the proposed drive apron on East Coast Highway be constructed per City Standard 166 -L. That all work within the East Coast Highway right of way be completed under an encroachment permit issued by the California Department of Transportation. 7. That applicable County Sanitation District fees be paid prior to issuance of any building permits. 8. Handicap, employees, and compact spaces shall be marked in a manner acceptable to the Traffic Engineer. 9. That a maximum of 22 percent (3 spaces) of the required parking spaces may be compact spaces. 10. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -use facilities. 11. The applicant shall provide for weekly vacuum sweeping of the paved parking area and drives. -11- MINUTES MMISSIONERS June 20, 1985 x x a O O x n 9 m z c m �,p z m s x z � o x Z Z ° ; ° ° = s o m r M °m Z M a City of Newport Beach 12. The landscape plan shall be subject to the review of the Public Works Department and Parks, Beaches, and Recreation Department. 13. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 14. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated via a system designed to avoid surface runoff and over - watering. 15. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 16. That a grading plan if required shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from • silt, debris, and other water pollutants. 17. The grading permit shall include, if required, a description of haul routes, access points to the site and watering and sweeping program designed to minimize impacts of haul operations. 18. An erosion and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department. 19. That an erosion and siltation control plan, if required, be reviewed by the California Regional Water Quality Control Board - Santa Ana Region, and the plan be submitted to said Board ten days prior to any construction activities. 20. The project shall be. so designed to eliminate light and glare spillage on adjacent uses. 21. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants, Conditions, and Re- strictions which may be recorded against the • property. -12- ZAMWIM INDEX ,IAAAISSI(-)NLK5 June 20, 1985 A A C O O 2 . m z c m y T z aoa a zr c� x a = = a T m City of Newport Beach as MINUTES ROLL CALL I I I I I I I I I INDEX Disclosure Statement The Lessee Herein, his heirs, successors and assigns acknowledge that: (a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such services; (b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport. (c) The City of Newport Beach may continue to oppose additional commercial air service expansions at the John Wayne Airport. (d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 22. That the Fire Department access shall be approved by the Fire Department. 23. That all proposed signs shall be in conformance with the provisions of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer, if located adjacent to the vehicular ingress and egress. 24. That all mechanical equipment and trash areas shall be screened from East Coast Highway, Jasmine Avenue, and adjacent properties. 25. That the second floor of the proposed development shall be provided with two exits to the ground floor as required by the Uniform Building Code. 26. Prior to the issuance of building permits, the applicant shall show evidence of having obtained an easement for vehicular egress over a portion of Parcel No. 2 for the benefit of Parcel No. 1 of Parcel Map 84 -726. 27. That all employees shall park their vehicles . on -site. 28. That the Planning Commission may add or modify conditions of approval to this Site Plan Review, or recommend to the City Council the revocation of -13- COMMISSIONERS x z c m z M= N a ;oa M z= a Z a m June 20, 1985 MINUTES City f Newport Beach Y p ROLL CALL INDEX this Site Plan Review, upon the determination that the operation which is the subject of this Site Plan Review causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 29. This site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 J of the Newport Beach Municipal Code. Assistant City Attorney Carol Korade advised that Municipal Code 20.01.070,J(2) states that "any Site Plan Review granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Site Plan Review are violated or if any law or ordinance is violated in connection therewith." Ms. Korade recommended that Condition 28 be corrected to read "Site Plan Review" and suggested that the reference to the revocation remain in the Condition as • noted above. Use Permit No. 3152 (Public Hearing) Request to permit the establishment of a retail dry cleaning facility on property located in the C -1 District. LOCATION: Lots No. 4 and 5, Block U, Tract No. 323, located at 3536 East Coast Highway . on the northwesterly corner of East Coast.,Highway and Orchid Avenue, Corona del mar.. ZONE: C -.1 APPLICANT: Dryclean U.S.A. of L.A. Inc., Costa Mesa OWNER: Jeff Pence Family Trust, Corona del Mar The public hearing was opened at this time, and Mr. John Hopwood, appeared before the Planning Commission on behalf of the applicant. Mr. Hopwood stated that he • concurs with the findings and conditions in Exhibit uA" -14- COMMISSIONERS x x n 1 r 9 m i C M m z 2 N p 9 0 0 C a= 9 s T m A rune 20, 1985 MINUTES City of Newport Beach ROLL ROLL CALL mance with the approved plot plan and floor plan. — INDEX 2. That any boilers shall be isolated in accordance In response to a question posed by Chairman Winburn, with the requirements of the Uniform Building Mr. Hopwood stated that the firing of the boilers will Code. not start prior to 7:00 a.m. and that the boilers would close down between 3:00 p.m. and 4:00 p.m. The public hearing was closed at this time. Motion Commissioner Koppelman made a motion to approve Use Permit No. 3152, subject to the findings and conditions in Exhibit "A ". Commissioner Person asked the maker of the motion if an amendment could be made to add Condition No. 12 to read: "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 the 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." . Commissioner Koppelman concurred with the addition of Condition No. 12. All Ayes I I I I I I,I I Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. That approval of Use Permit No. 3152 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- -15- mance with the approved plot plan and floor plan. 2. That any boilers shall be isolated in accordance with the requirements of the Uniform Building Code. -15- ROLL M/y�IjjlVNt{ZS June 20, 1985 R C O C = i y 7 m z c m v m z C 2 N O; 0 0 9 = a = r m City of Newport Beach 3. That the use of chemicals shall be reviewed and approved by the Fire Prevention Bureau. 4. There shall be no outside storage of materials, supplies or other paraphernalia likely to be objectionable to the adjacent property owners or residents. 5. That any roof top or other mechanical equipment shall be screened from view and shall be sound attenuated to be no greater than existing sound levels at the property lines. 6. That prior to the occupancy of the building, a qualified acoustical engineer, retained by the City at the applicant's expense shall demonstrate to the satisfaction of the Planning Director that the noise impact of the project does not exceed existing sound levels at the property lines. 7. That any outdoor trash containers shall be • screened from adjoining properties. B. That the proposed dry cleaning operation shall be installed and operated in conformance with the requirements of the South Coast Air Quality Management District. 9. That the dry cleaning facility shall not be open for business prior to 7:00 a.m. or after 8:00 p.m. daily. 10. That all employees shall park on -site. 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 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 the determination tht 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. * x x -16- MINUTES COMMISSIONERS June 20, 1985 MINUTES C o x y S r 9 m i s m Z z C 2 N O L O O a= A M m City of Newport Beach s a ROLL CALL INDEX Use Permit No. 3153 (Public Hearing) Item No.7 UP3153 Request to permit the establishment of a take -out rest- aurant in conjunction with a Mexican delicatessen on property located in the C -1 District, and to waive the Approved required off - street parking spaces. LOCATION: A portion of Lot 5, Block M, Tract No. 323, located at 2756 East Coast High- way, on the northeasterly side of East Coast Highway, between Goldenrod Avenue and Fernleaf Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Alex Lovera, Corona del Mar, OWNERS: Alex Pourgal and Eskandar Pourgol, Corona del Mar The public hearing was opened at this time, and Mr. Alex Lovera, applicant, appeared before the Planning Commission. Mr. Lovera commented that he is now requesting that the hours of operation be from 7:00 a.m. to 12:00 p.m. instead of 7:00 a.m. to 11:00 p.m. as stated in Condition No. 6. In response to questions posed by Commissioner Koppelman, Mr. Lovera replied that the take -out restaurant will utilize a 2 -way burner and small grill comparable to the New York Deli Restaurant. Mr. Lovera advised that the Mexican food will be prepared for take home preparation. In response to a question of Chairman Winburn, Mr. Lovera stated that the delivery truck will be parked in an adjoining bank parking lot after 5:00 p.m. and that there will be no deliveries for breakfast or lunch. Mr. Lovera. commented further that 2 future employees who live near -by have stated that the delivery truck may be parked at their residence. I I I I I I I Dr. Paul Johnson, 1425 Santanella Terrace, Corona del Mar, appeared before the Planning Commission. Dr. Johnson referred to a letter dated June 11, 1985, • addressed to John Kurlander signed by the four tenants who occupy the building adjacent to the subject restaurant, and Mr. Hal Wheatley, the proprietor of the radio repair shop adjacent to the Gelato Classico Ice -17- COMMISSIONERS x x c O x C 9 > A z c m s m TO m a a z r a x Z m m > T Z a a m z a June 20, 1985 MINUTES City of Newport Beach ROLL CALL ROLL - INDEX Cream Shop. Dr. Johnson emphasized that since the Gelato Classico Ice Cream Shop has opened for business, there have been parking and trash problems on East Coast Highway and Goldenrod Avenue, and in the aforementioned tenants' building parking lot. Dr. Johnson commented that the applicant's statement that the food would be only for take home delivery is not in accordance with realty. Dr. Johnson further emphasized that there are no available parking spaces for the proposed restaurant's two employees on East Coast Highway, nor is there available space for the delivery truck on Goldenrod Avenue or in the adjacent building's parking lot. Dr. Johnson stated that all of the neighboring businesses. are opposed to the subject application. In response to a question posed by Chairman Winburn in reference to the previous occupant of the site, Rainbow Cleaners, Dr. Johnson opined that the proposed take -out restaurant is a destination site. Mr. Dale Gasteiger, owner of Lumiere Fashion Boutique, • 2744 East Coast Highway, appeared before the Planning Commission in opposition to the application. Mr. Gasteiger stated that since the Gelato Classico Ice Cream store opened for business, the neighboring businesses have complained of the ice cream trash and he further commented, that with the addition of the proposed take -out restaurant that the problem would be compounded. Mr. Gasteiger further commented that there are no parking spaces provided for the proposed take -out restaurant, and he emphasized that there are not sufficient parking spaces available on East Coast Highway. Mr. Lovera reappeared before the Planning Commission stating that he has not received trash or parking complaints regarding his other business, the Fresh Pizza Factory,. in Corona del Mar, and that his proposed restaurant will be run in the same manner. Mr. Lovera stated that he spoke to occupants of the surrounding businesses and that he did not receive any opposition to his proposed restaurant at that times I I I I I I I I The public hearing was closed at this time. . In response to a question posed by Commissioner Turner, Mr. Laycock replied that staff has no objections to the business closing at 12:00 midnight instead of 11:00 p.m. as referred to in Condition No. 6. Mr. Lovera -18- ROLL v\MISSIONERS June 20, 1985 xx c o � Mr. Hewicker asked Mr. Lovera to clarify the proposed x zc m �°m z a a r ° City of Newport Beach agreed to the condition recommended by Commissioner Turner that the trash would be picked up on a daily basis. In response to Commissioner Koppelman, Mr. Lovera agreed to keep the sidewalks cleaned in front of the facility on East Coast Highway. -19- MINUTES Mr. Hewicker asked Mr. Lovera to clarify the proposed parking sites for the delivery truck. Mr. Lovera replied that the Trans -World Bank closes at 5:00 p.m., wherein he may park the delivery truck in the parking lot; a neighbor has stated that the delivery truck may be parked in front of her house or in her garage; and the landlord of the adjacent building has commented that if a financial agreement can be reached, that the delivery truck may be parked in the building's parking area after 5:00 p.m. because the building's tenants will not be occupying the parking spaces after business hours. Before 5:00 p.m. Mr. Lovera stated, the delivery truck will be parked in his garage at his home in Cameo Highlands. Mr. Lovera agreed to Mr. Hewicker's recommendation that a condition be added stating that the delivery truck will not be allowed to park on residential streets adjacent to the take -out restaurant. In response to a question posed by Commissioner Eichenhofer, Mr. Lovera replied that the truck will be loaded at the delivery driveway on Goldenrod Avenue. Commissioner Turner stated that Corona del Mar does have a severe parking problem, but any business that would occupy the subject site would also require parking, and that the proposed take -out restaurant is not designed as a sit -down restaurant, and under those Motion x circumstances, Commissioner Turner made a motion to approve Use Permit No. 3153, subject to the findings and conditions in Exhibit "A ", with the following additional conditions: that the applicant shall be responsible for picking up outside trash and be responsible for cleaning the sidewalk on East Coast Highway on a daily basis; and that the applicant provide a parking plan approved by the Traffic Engineer for storage and parking of the delivery vehicle. Commissioner Koppelman confirmed that the outside trash would be physically picked up and not by a,trash pickup service. Upon further discussion with Mr. Hewicker, Chairman Winburn and Commissioner Turner agreed to -19- MINUTES a x c o f a � C v r e z c m z s a z r a a: c 0 p 3C 0 O M m w 2 a z 2 X a z 2 T ROLL All Ayes • June 20, 1985 Of Beach retain the proposed condition regarding the parking of the delivery truck on residential streets as originally stated. Commissioner Person stated that he will support the motion; however, Commissioner Person advised the applicant that the Planning Commission may, in accordance with Condition No. 12, add to, modify or recommend revocation of the use permit if the proposed restaurant does not operate as previously indicated. Commissioner Person also requested that the Code Enforcement Officer contact Dr. Johnson regarding the Gelato Classico Ice Cream Shop. Motion voted on, MOTION CARRIED. faliY 11 fivrT..V 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the waiver of the development standards as they pertain to circulation, walls, landscaping, parking lot illumination, utilities, and a portion of the required number of parking spaces, will not be detrimental to adjoining properties. 4. That the proposed take -out restaurnt does not represent an intensification of use that will result in an increased demand for parking. 5. The approval of Use Permit No. 3153 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or 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. 2. That all trash shall, be stored in the building until scheduled trash pick -up occurs. -20- MINUTES "MbN(-)NtKS June 20, 1985 xx C O m z c m Z z C Z W o; 0 0 9 9 City of Newport Beach z z 3. That a trash compactor shall be installed in conjunction with the proposed use. 4. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 5. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and the required parking spaces shall be waived. 6. That the restaurant's hours of operation shall be restricted to the hours between 7:00 a.m. and 12:00 midnight daily. 7. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. . 8. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains, unless otherwise approved by the Building Department. 9. That all mechanical equipment shall be screened from East Coast Highway and adjoining properties. 10. That no customer seating shall be permitted in the facility unless an amended use permit is approved. 11. That no on -sale or off -sale of alcoholic beverages shall be permitted, unless an amended use permit is approved. 12. That the Planning Commission may add to or modify conditions of approval of 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. I* ( I I I I I I 13. That this use permit shall expire unless exercised within 24 months from the date of approval as -21- MINUTES COMMISSIONERS June 20, 1985 MINUTES xx wS C i s e m r o z, m z a z T m City of Newport Beach a a I ROLL CALL I I I I I I I INDEX specified in Section 20.80.090 A of the Newport Beach Municipal Code. 14. That the sidewalk on East Coast Highway shall be kept clean and regularly maintained on a daily basis. 15. That the applicant shall be responsible for picking up trash outside of the take -out restaurant on a daily basis. 16. That the delivery truck shall not be parked on any residential streets adjacent to the take -out restaurant facility. A D J O U R N M E N T: 8:47 P.M. - - Adjournment * + x • JOHN KURLANDER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -22-