HomeMy WebLinkAbout07/18/1985Present
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REGULAR PLANNING COMMISSION MEETING
PLACE: City Council Chambers
TIME: 7:30 P.M.
DATE: July 18, 1985
of Newport Beach
xfx F V I � xlx1All Commissioners Present. (Commissioner Goff arrived
I at 7:35 p.m.)
EX- OFFICIO MEMBERS PRESENT:
Carol Korade, Assistant City Attorney
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STAFF MEMBERS PRESENT:
William R. Laycock, Current Planning Administrator
W. William Ward, Senior Planner
Don Webb, City Engineer
Dee Edwards, Secretary
E L E C T I O N O F O F F I C E R S
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The Planning Commission conducted its annual Election
of officers, with results as follows:
Commissioner Winburn nominated Commissioner Person for
the office of Chairman. There being no other names
presented for consideration, the nominations were
x closed. Commissioner Person was elected to the office
of Chairman.
Commissioner Person nominated Commissioner Turner for
the office of First Vice - Chairman. There being no
other names presented for consideration, the
x x x x x x nominations were closed. Commissioner Turner was
x elected to the office of First Vice - Chairman.
Commissioner Turner nominated Commissioner Koppelman
for the office of Second Vice - Chairman. There being no
other names presented for consideration, the
x x x x x nominations were closed. Commissioner Koppelman was
elected to the office of Second Vice - Chairman.
Commissioner Koppelman nominated Commissioner
Eichenhofer for the office of Secretary. There being
no other names presented for consideration, the
x x nominations were closed. Commissioner Eichenhofer was
elected to the office of Secretary.
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MINUTES
INDEX
July 18, 1985
MINUTES
Minutes of June 20, 1985
Motion x
Ayes x x x Motion was made for approval of the June 20, 1985,
Abstain x Planning Commission Minutes, which MOTION CARRIED.
William Laycock, Current Planning Administrator,
informed the Planning Commission that the applicant,
Mr. Richard K. Natland, has withdrawn Item No. 4,
Variance No. 1125, because the previously submitted
plans have been revised to meet the basic height limit
and will only require the approval of the Modifications
Committee.
Resubdivision No. 810 (Public Hearing)
Request to resubdivide two existing parcels of land
into two new parcels for commercial development on
property located in the C -1 -H District.
LOCATION: A portion of Lot D, Banning Tract and
Record of Survey 27 -47, located at 4509
West Coast Highway, on the southeasterly
corner of West Balboa Boulevard and West
Coast Highway, in West Newport.
ZONE: C -1 -H
APPLICANT: Triangle Associates, Costa Mesa
OWNER: Same as applicant
ENGINEER: Williamson and Schmid, Irvine
William Laycock, Current Planning Administrator stated
that the purpose for the resubdivision is that the
proposed take -out restaurant site has a different lease
than the other tenants in the shopping center complex,
and he said that all of the parking is not on the
take -out restaurant premises; therefore staff is
recommending a covenant to assure that there will be
common parking for all of the tenants on the shopping
center property.
I I I I 1 Mr. Don Webb, City Engineer, stated a parcel map
is needed to clarify the location of the lot line. Mr.
Webb responded to Commissioner Goff's inquiry regarding
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Minutes of June 20, 1985
Motion x
Ayes x x x Motion was made for approval of the June 20, 1985,
Abstain x Planning Commission Minutes, which MOTION CARRIED.
William Laycock, Current Planning Administrator,
informed the Planning Commission that the applicant,
Mr. Richard K. Natland, has withdrawn Item No. 4,
Variance No. 1125, because the previously submitted
plans have been revised to meet the basic height limit
and will only require the approval of the Modifications
Committee.
Resubdivision No. 810 (Public Hearing)
Request to resubdivide two existing parcels of land
into two new parcels for commercial development on
property located in the C -1 -H District.
LOCATION: A portion of Lot D, Banning Tract and
Record of Survey 27 -47, located at 4509
West Coast Highway, on the southeasterly
corner of West Balboa Boulevard and West
Coast Highway, in West Newport.
ZONE: C -1 -H
APPLICANT: Triangle Associates, Costa Mesa
OWNER: Same as applicant
ENGINEER: Williamson and Schmid, Irvine
William Laycock, Current Planning Administrator stated
that the purpose for the resubdivision is that the
proposed take -out restaurant site has a different lease
than the other tenants in the shopping center complex,
and he said that all of the parking is not on the
take -out restaurant premises; therefore staff is
recommending a covenant to assure that there will be
common parking for all of the tenants on the shopping
center property.
I I I I 1 Mr. Don Webb, City Engineer, stated a parcel map
is needed to clarify the location of the lot line. Mr.
Webb responded to Commissioner Goff's inquiry regarding
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Motion
All Ayes
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the widening of the proposed drive apron on River
Avenue by replying that the driveway will be utilized
for four parking spaces adjacent to the proposed
building.
The public hearing was opened at this time. Mr. Robert
Sundstrom, Williamson and Schmid, Engineers, 17782 Sky
Park Circle, Irvine, appeared before the Planning
Commission on behalf of the applicant. Mr. Sundstrom
stated that the applicant concurs with the findings and
conditions in Exhibit "A ".
The public hearing was closed at this time.
Commissioner Goff made a motion to approve
Resubdivision No. 810 subject to the findings and
conditions in Exhibit "A ".
I I I I I Chairman Person reopened the public hearing, and Mrs.
Phillips, 4401 Channel Place, appeared before the
Planning Commission stating her objection to the number
• of River Avenue signs on Balboa Boulevard in the
area. Chairman Person informed Mrs. Phillips that the
I 1111111 Public Works Department would contact her regarding
this matter.
The public hearing was closed at this time, and the
motion to approve Resubdivision No. 810 was voted on,
and MOTION CARRIED.
FINDINGS:
1. That the map meets the requirements of Title 19 of
the Newport Beach Municipal Code, all ordinances
of the City, all applicable general or specific
plans and the Planning Commission is satisfied
with the plan of subdivision.
2. That the proposed resubdivision presents no
problems from a planning standpoint.
1. That a parcel map shall be recorded.
. 2. That all improvements be constructed as required
by ordinance and the Public Works Department.
3. That a reciprocal agreement providing for ingress,
egress and parking between both parcels shall be
recorded.
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of Newport Beach
4. That a standard subdivision agreement and
accompanying surety be provided to guarantee
satisfactory completion of the public improvements
if it is desired to record the parcel map or
obtain a building permit prior to completion of
the public improvements.
5. That the unused drive aprons along the West Coast
Highway and West Balboa Boulevard frontages be
removed and replaced with curb, gutter and side-
walk; that curb access ramps be provided at the
intersection of West Balboa Boulevard and River
Avenue and the intersection of West Balboa Boule-
vard and the main drive at River Avenue; that
concrete sidewalk be constructed along the River
Avenue frontage and that the proposed drive apron
on River Avenue have a maximum width of 26 feet
unless otherwise approved by the Public .Works
Department; that the drive approaches on West
Coast Highway be constructed or reconstructed to
conform to Std. 166 -L. All work within the West
I I I I ( I ( Coast Highway right -of -way shall be completed
under an encroachment permit issued by the Calif-
ornia Department of Transportation.
6. That a 10 -foot wide storm drain easement be
provided for the existing 18 -inch storm drains
that cross the subject property. This easement
shall be dedicated to the City prior to issuance
of any building permits unless otherwise approved
by the Public Works Department.
7. That the sidewalk along West Balboa Boulevard be
widened to 8 feet and that a 2 foot easement be
dedicated to the City for pedestrian purposes.
8. That the overhead utilities along the easterly
property line be removed concurrently with the
undergrounding of utilities along the southerly
side of West Coast Highway. The removal of. said
overhead utilities will be at the applicant's
cost.
9. That this resubdivision shall expire if the map
has not been recorded within 3 years of the date
of approval, unless an extension is granted by the
. Planning Commission.
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July 18, 1985
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Beach
Resubdivision No. 811 (Public Hearing)
Request to establish a single parcel of land and
eliminate interior lot lines where ten lots, a portion
of an eleventh lot and a portion of an abandoned alley
now exist.
LOCATION: Lots 58 -67 and a portion of Lot 68,
Block A, Tract No. 673, located at 3901
East Coast Highway, on the southeasterly
corner of East Coast Highway and Hazel
Drive, in Corona del Mar.
ZONES: C -1 and R -1
APPLICANT: S.J.S. Development Corporation, Beverly
Hills
OWNER: A.T. Leo's Ltd., Irvine
ENGINEER: Duca- McCoy, Inc., Corona del Mar
• The public hearing was opened at this time, and Mr.
Earl Sherman appeared before the Planning Commission on
behalf of the applicant. Mr. Sherman stated that the
applicant concurs with the findings and conditions in
Exhibit "A ".
The public hearing was closed at this time.
Motion
es I 1XI V I I I Commissioner Turner ,made J a motion to approve
All Ayes Resubdivision No. 811 subject to the findings and
conditions in Exhibit "A ".
In response to a question posed by Commissioner
Kurlander, Mr. Webb replied that the easement at the
corner of Hazel Drive and East Coast Highway has been
dedicated.
Motion to approve Resubdivision No. 811 was voted on,
MOTION CARRIED.
FINDINGS:
1. That the map meets the requirements of Title 19 of
• the Newport Beach Municipal Code, all ordinances
of the City, all applicable general or specific
plans and the Planning Commission is satisfied
with the plan of subdivision.
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Resubdivision No. 811 (Public Hearing)
Request to establish a single parcel of land and
eliminate interior lot lines where ten lots, a portion
of an eleventh lot and a portion of an abandoned alley
now exist.
LOCATION: Lots 58 -67 and a portion of Lot 68,
Block A, Tract No. 673, located at 3901
East Coast Highway, on the southeasterly
corner of East Coast Highway and Hazel
Drive, in Corona del Mar.
ZONES: C -1 and R -1
APPLICANT: S.J.S. Development Corporation, Beverly
Hills
OWNER: A.T. Leo's Ltd., Irvine
ENGINEER: Duca- McCoy, Inc., Corona del Mar
• The public hearing was opened at this time, and Mr.
Earl Sherman appeared before the Planning Commission on
behalf of the applicant. Mr. Sherman stated that the
applicant concurs with the findings and conditions in
Exhibit "A ".
The public hearing was closed at this time.
Motion
es I 1XI V I I I Commissioner Turner ,made J a motion to approve
All Ayes Resubdivision No. 811 subject to the findings and
conditions in Exhibit "A ".
In response to a question posed by Commissioner
Kurlander, Mr. Webb replied that the easement at the
corner of Hazel Drive and East Coast Highway has been
dedicated.
Motion to approve Resubdivision No. 811 was voted on,
MOTION CARRIED.
FINDINGS:
1. That the map meets the requirements of Title 19 of
• the Newport Beach Municipal Code, all ordinances
of the City, all applicable general or specific
plans and the Planning Commission is satisfied
with the plan of subdivision.
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July 18, 1985
MINUTES
2. That the proposed resubdivision ,presents no
problems from a planning standpoint.
3. The project will.not have any significant environ-
mental impact.
CONDITIONS:
1. That a parcel map shall be recorded.
2. That all improvements be constructed as required
by ordinance and the Public Works Department.
3. That the cracked and displaced portions of the
curb, gutter and sidewalk along Hazel Drive shall
be replaced to the satisfaction of the Public
Works Department.
4. That easements of record shall be shown on the
Parcel map.
5. That this resubdivision shall expire if the map
has not been recorded within 3 years of the date
of approval, unless an extension is granted by the
Planning Commission.
Resubdivision No. 813 (Public Hearing)
Request to resubdivide two existing lots into a single
parcel of land so as to permit alterations to an
existing multi- family residential complex on property
located in the R -3 District.
LOCATION: Lots 24 and 25, Block J, Tract No. 518,
located at 1530 Miramar Drive, on the
northerly side of Miramar Drive, between
East Balboa Boulevard and "I" Street, on
Peninsula Point.
ZONE: R -3
APPLICANT: Kay H. Mortenson, Balboa
. OWNER: Same as applicant
ENGINEER: Same as applicant
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2. That the proposed resubdivision ,presents no
problems from a planning standpoint.
3. The project will.not have any significant environ-
mental impact.
CONDITIONS:
1. That a parcel map shall be recorded.
2. That all improvements be constructed as required
by ordinance and the Public Works Department.
3. That the cracked and displaced portions of the
curb, gutter and sidewalk along Hazel Drive shall
be replaced to the satisfaction of the Public
Works Department.
4. That easements of record shall be shown on the
Parcel map.
5. That this resubdivision shall expire if the map
has not been recorded within 3 years of the date
of approval, unless an extension is granted by the
Planning Commission.
Resubdivision No. 813 (Public Hearing)
Request to resubdivide two existing lots into a single
parcel of land so as to permit alterations to an
existing multi- family residential complex on property
located in the R -3 District.
LOCATION: Lots 24 and 25, Block J, Tract No. 518,
located at 1530 Miramar Drive, on the
northerly side of Miramar Drive, between
East Balboa Boulevard and "I" Street, on
Peninsula Point.
ZONE: R -3
APPLICANT: Kay H. Mortenson, Balboa
. OWNER: Same as applicant
ENGINEER: Same as applicant
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July 18, 1985
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The public hearing was opened at this time, and Mrs.
Kay H. Mortenson, owner, appeared before the Planning
Commission. Mrs. Mortenson stated that she concurs
with the findings and conditions in Exhibit "A ".
The.public hearing was closed at this time.
Commissioner Koppelman made a motion to approve
Motion X Resubdivision No. 813 subject to the findings and
A11 Ayes conditions in Exhibit "A ". Motion voted on, MOTION
CARRIED.
•
FINDINGS:
1. That the map meets the requirements of Title 19 of
the Newport Beach Municipal Code, all ordinances
of the City, all applicable general or specific
plans and the Planning Commission is satisfied
with the plan of subdivision.
2. That the proposed resubdivision presents no
problems from a planning standpoint.
3. That the design of the subdivision 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 subdivi-
sion.
CONDITIONS:
1. That a parcel map shall be recorded.
2. That all improvements be constructed as required
by ordinance and the Public Works Department.
3. That this resubdivision shall expire if the map
has not been recorded Within 3 years of the date
of approval, unless an extension is granted by the
Planning Commission.
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July 18, 1985
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Request to permit the construction of a two car garage
that exceeds the basic height limit in the 24/28 Foot
Height Limitation in conjunction with the construction
of a single family dwelling on the site in the R -1
District. All new construction will be located below
the curb elevation of Ocean Boulevard.
LOCATION: Lot 15, Tract No. 1257, located at
3617 Ocean Boulevard, on the southerly
side of Ocean Boulevard, between Orchid
Avenue and Poinsettia Avenue, in Corona
del Mar.
ZONE: R -1
APPLICANT: Richard K. Natland, Corona del Mar
OWNERS: William and Pauline Butcher, Corona del
Current Planning Administrator William Laycock advised
that Mr. Natland, applicant, has requested that
Variance No. 1125 be withdrawn.
Use Permit No. 1023 (Amended) (Public Hearing)
Request to amend a previously approved use permit that
permitted a full service automobile service station in
the C -1 District. The proposed development consists of
the conversion of said facility to a self - service gas
station. The proposal includes: the remodeling of a
portion of an existing building into a cashier's
office, a storage room and a restroom facility; the
extension of the existing pump islands; and the exten-
sion of an existing pump island canopy. The station
proposes to be .open on a 24 hour basis where the
existing facility is now open between the hours of 6:00
a.m. and 10:00 p.m. daily.
LOCATION: A portion of Section 28, Township 6
South, Range 10 West, San Bernardino
Base and Meridian, located at 3001
Newport Boulevard, on the northwesterly
• ( I I ( I I corner of 30th Street and Newport
Boulevard, in Central Newport.
ZONE: C -1
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LL CALL
INDEX
Variance No. 1125 (Public
Hearing)
Item No. 4
Request to permit the construction of a two car garage
that exceeds the basic height limit in the 24/28 Foot
Height Limitation in conjunction with the construction
of a single family dwelling on the site in the R -1
District. All new construction will be located below
the curb elevation of Ocean Boulevard.
LOCATION: Lot 15, Tract No. 1257, located at
3617 Ocean Boulevard, on the southerly
side of Ocean Boulevard, between Orchid
Avenue and Poinsettia Avenue, in Corona
del Mar.
ZONE: R -1
APPLICANT: Richard K. Natland, Corona del Mar
OWNERS: William and Pauline Butcher, Corona del
Current Planning Administrator William Laycock advised
that Mr. Natland, applicant, has requested that
Variance No. 1125 be withdrawn.
Use Permit No. 1023 (Amended) (Public Hearing)
Request to amend a previously approved use permit that
permitted a full service automobile service station in
the C -1 District. The proposed development consists of
the conversion of said facility to a self - service gas
station. The proposal includes: the remodeling of a
portion of an existing building into a cashier's
office, a storage room and a restroom facility; the
extension of the existing pump islands; and the exten-
sion of an existing pump island canopy. The station
proposes to be .open on a 24 hour basis where the
existing facility is now open between the hours of 6:00
a.m. and 10:00 p.m. daily.
LOCATION: A portion of Section 28, Township 6
South, Range 10 West, San Bernardino
Base and Meridian, located at 3001
Newport Boulevard, on the northwesterly
• ( I I ( I I corner of 30th Street and Newport
Boulevard, in Central Newport.
ZONE: C -1
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APPLICANT: Union Oil Company of California, Orange
OWNER: Burtis Corporation, Orange
William Laycock advised that staff has reviewed the
applicant's existing signs, the signs that the
applicant is proposing to install, as well as the signs
permitted by the Municipal Code. He said that the
signs that do not conform to the standards are the two
self- service signs located on the two pump islands, and
the price signs that are now established by State
regulations. Mr. Laycock stated that staff recommends
that Condition No. 15 be added as follows: "That all
signs shall conform to.the provisions of Chapter 20.06
of the Municipal Code except for the gasoline price
signs that are now regulated by the State. This
requirement eliminates the two self - service signs on
the pump islands proposed by the applicant." Mr.
Laycock confirmed with Chairman Person that Condition
No. 11 could be replaced with the proposed new
condition.
The public hearing was opened at this time, and Mr.
Dennis Carlson, 432 No Main St., Orange, appeared
before the Planning Commission on behalf of the
applicant. Mr. Carlson stated that the applicant
concurs with the findings and conditions in Exhibit
"A ". In response to a question posed by Mr. Carlson,
Mr. Laycock replied that the Municipal Code allows for
two, 10 square foot wall signs.
MINUTES
Motion x The public hearing was closed at this time.,
All Ayes Commissioner Turner made a motion to approve Use Permit
1023 (Amended) subject to the findings and conditions
in Exhibit "A ", including the rewording of Condition
No. 11 as previously stated. In reference to Condition
No. 9 regarding noise control, Commissioner Rurlander
asked if staff was recommending to control the
customer's radio .noise, and Mr. Laycock responded that
the intent was to control the noise only from the
cashier's booth. Commissioner Turner recommended that
Condition No. 9 include "that all noise from radios,
stereos or other devices eminating from the station
operator, shall be confined to the interior of the
cashier's booth." Motion voted on, MOTION CARRIED.
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July
18, 1985
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APPLICANT: Union Oil Company of California, Orange
OWNER: Burtis Corporation, Orange
William Laycock advised that staff has reviewed the
applicant's existing signs, the signs that the
applicant is proposing to install, as well as the signs
permitted by the Municipal Code. He said that the
signs that do not conform to the standards are the two
self- service signs located on the two pump islands, and
the price signs that are now established by State
regulations. Mr. Laycock stated that staff recommends
that Condition No. 15 be added as follows: "That all
signs shall conform to.the provisions of Chapter 20.06
of the Municipal Code except for the gasoline price
signs that are now regulated by the State. This
requirement eliminates the two self - service signs on
the pump islands proposed by the applicant." Mr.
Laycock confirmed with Chairman Person that Condition
No. 11 could be replaced with the proposed new
condition.
The public hearing was opened at this time, and Mr.
Dennis Carlson, 432 No Main St., Orange, appeared
before the Planning Commission on behalf of the
applicant. Mr. Carlson stated that the applicant
concurs with the findings and conditions in Exhibit
"A ". In response to a question posed by Mr. Carlson,
Mr. Laycock replied that the Municipal Code allows for
two, 10 square foot wall signs.
MINUTES
Motion x The public hearing was closed at this time.,
All Ayes Commissioner Turner made a motion to approve Use Permit
1023 (Amended) subject to the findings and conditions
in Exhibit "A ", including the rewording of Condition
No. 11 as previously stated. In reference to Condition
No. 9 regarding noise control, Commissioner Rurlander
asked if staff was recommending to control the
customer's radio .noise, and Mr. Laycock responded that
the intent was to control the noise only from the
cashier's booth. Commissioner Turner recommended that
Condition No. 9 include "that all noise from radios,
stereos or other devices eminating from the station
operator, shall be confined to the interior of the
cashier's booth." Motion voted on, MOTION CARRIED.
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July 18, 1985
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FINDINGS:
1. That the proposed development is consistent with
the Land Use Elements of the General Plan and the
Local Coastal Plan and is compatible with sur-
rounding land uses.
2. The project will not have any significant environ-
mental impact.
3. The Police Department has indicated that they do
not contemplate any problems.
4. Adequate landscaping and off - street parking spaces
are being .provided in conjunction with the
proposed development.
5. The proposed service station remodel has been
designed so as to comply as nearly as possible
with the standards for service stations on new
sites set forth in Section 20.70.060 of the
• Newport Beach Municipal Code.
6. The approval of Use Permit No. 1023 (Amended) will
not, under the circumstances of this case be
detrimental 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, floor plan and
elevations, except as noted below.
2. That there shall be a minimum of two off - street
parking spaces provided on -site for employee
parking.
3. That the project shall be designed to eliminate
light and glare from adjacent uses and streets.
4. That all mechanical equipment and trash areas
shall be screened from the public streets and
• adjoining properties.
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July 18, 1985
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5. A landscape and irrigation plan for the project
shall be prepared by a licensed landscape
architect. The landscape plan shall be subject to
the review of the Parks, Beaches, and Recreation
Department and the approval of the Planning
Department, and the Public Works Department.
6. The landscape plan shall place heavy emphasis on
the use of drought- resistant native vegetation,
and be irrigated with a system designed to avoid
surface runoff and overwatering.
7. Landscaping shall be regularly maintained free of
weeds and debris. All vegetation shall be regu-
larly trimmed and kept in a healthy condition.
8. That an encroachment permit from the Public Works
Department be obtained for work within the public
right of way and that the work be completed in
substantial conformance with the plans submitted.
9. That all noise from radios, stereos or other
• I I I I I I I I devices eminating from the station operator shall
be confined to the interior of the cashier's
booth.
10. That no buzzers or amplified signaling device
shall be permitted on the site.
11. That all signs shall conform to the provisions of
Chapter 20.06 of the Municipal Code except for the
gasoline price signs that are now regulated by the
State. This requirement eliminates the two
self - service signs on the pump islands proposed by
the applicant. .
12. That the service station may be open for business
on a 24 hour basis.
13. 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.
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5. A landscape and irrigation plan for the project
shall be prepared by a licensed landscape
architect. The landscape plan shall be subject to
the review of the Parks, Beaches, and Recreation
Department and the approval of the Planning
Department, and the Public Works Department.
6. The landscape plan shall place heavy emphasis on
the use of drought- resistant native vegetation,
and be irrigated with a system designed to avoid
surface runoff and overwatering.
7. Landscaping shall be regularly maintained free of
weeds and debris. All vegetation shall be regu-
larly trimmed and kept in a healthy condition.
8. That an encroachment permit from the Public Works
Department be obtained for work within the public
right of way and that the work be completed in
substantial conformance with the plans submitted.
9. That all noise from radios, stereos or other
• I I I I I I I I devices eminating from the station operator shall
be confined to the interior of the cashier's
booth.
10. That no buzzers or amplified signaling device
shall be permitted on the site.
11. That all signs shall conform to the provisions of
Chapter 20.06 of the Municipal Code except for the
gasoline price signs that are now regulated by the
State. This requirement eliminates the two
self - service signs on the pump islands proposed by
the applicant. .
12. That the service station may be open for business
on a 24 hour basis.
13. 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.
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July 18, 1985
MINUTES
Beach
14. 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.
* * x
Use Permit No. 3127 (Amended) (Public Hearing)
Request to amend a previously approved use permit that
permitted the establishment of the Promises Night Club
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
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-
INDEX
Item No. 6
UP3127
(Amended)
Approved
Condition-
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14. 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.
* * x
Use Permit No. 3127 (Amended) (Public Hearing)
Request to amend a previously approved use permit that
permitted the establishment of the Promises Night Club
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
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-
INDEX
Item No. 6
UP3127
(Amended)
Approved
Condition-
ally
July 18, 1985
MINUTES
INDEX
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.
• 1111111 j In response to a question posed by Commissioner Goff,
l+ Mr. Webb replied that there is a permanent no left turn
sign on the applicant's parking lot.
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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.
• 1111111 j In response to a question posed by Commissioner Goff,
l+ Mr. Webb replied that there is a permanent no left turn
sign on the applicant's parking lot.
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COMMISSIONERS
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July 18, 1985
MINUTES
of Newport Beach
INDEX
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-
Motion
•
•
July 18, 1985
of Newaort 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. Rebin 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.
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-
MINUTES
INDEX
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Motion
•
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July 18, 1985
of Newaort 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. Rebin 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.
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-
MINUTES
INDEX
July 18, 1985
MINUTES
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ROLL CALL INDEX
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.
All Ayes 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-
July 18, 1985
• ininn
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.
I I I J I I I
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 Nunicipal 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-
MINUTES
INDEX
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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.
I I I J I I I
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 Nunicipal 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-
MINUTES
INDEX
July 18, 1985
MINUTES
The public hearing was closed at this time.
Commissioner Koppelman made a motion to approve Use
Motion x Permit No. 3154 subject to the findings and conditions
All Ayes in Exhibit "A ". Motion voted on, MOTION CARRIED.
FINDINGS:
1. That the proposed development is consistent with
the General Plan and the Local Coastal Program,
Land Use Plan, and is compatible with surrounding
land uses.
2. That an adequate number of off - street parking
spaces will be provided in conjunction with the
interior design school.
3. That the off -site parking lots are close enough to
the subject property so as to be useful to the
interior design school.
• 4. The the establishment, maintenance or operation of
the use of the property or building will not,
under the circumstances of this particular case,
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Use Permit No. 3154 (Public Hearing)
Item No. 7
Request to permit the establishment of an interior
UP31 54
design school in conjunction with a design studio on
property located in the C -1 District.
Approved
LOCATION: Lot 4, Block 2, Tract No. 323, located
at 3555 East Coast Highway, on the
southwesterly corner of Orchid Avenue
and East Coast Highway, in Corona del
Mar.
ZONE: C -1
APPLICANT: Interior Designers Institute, Corona del
Mar
OWNER: Pat Marley, Laguna Beach
The public hearing was opened at this time, and Ms.
Judy Deaton, owner, appeared before the Planning
Commission. Ms. Deaton advised that the applicant
•
concurs with the findings and conditions in Exhibit
"An
The public hearing was closed at this time.
Commissioner Koppelman made a motion to approve Use
Motion x Permit No. 3154 subject to the findings and conditions
All Ayes in Exhibit "A ". Motion voted on, MOTION CARRIED.
FINDINGS:
1. That the proposed development is consistent with
the General Plan and the Local Coastal Program,
Land Use Plan, and is compatible with surrounding
land uses.
2. That an adequate number of off - street parking
spaces will be provided in conjunction with the
interior design school.
3. That the off -site parking lots are close enough to
the subject property so as to be useful to the
interior design school.
• 4. The the establishment, maintenance or operation of
the use of the property or building will not,
under the circumstances of this particular case,
-18-
uly 18, 1985
. MISSIONERS S
MINUTES
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.
CONDITIONS:
1. That the interior design school shall be operated
only in conjunction with the interior design
studio, and that the school shall operate in
accordance with the following conditions.
2. That the use of the facility shall be consistent
with the approved plot plan and floor plans.
3. That attendance at all classes shall be restricted
to 30 persons.
I I I I I 4. That a maximum of two evening classes and two
daytime classes shall be offered each week.
Evening classes shall cease by 10:00 p.m.
5. That the applicant shall maintain the existing
informal agreement to provide 20 parking spaces in
the parking lot located at the southwesterly
corner of Poppy Avenue and East Coast Highway
(across from the Five Crowns Restaurant) between
the hours of 8:30 a.m. and 5:00 p.m. In the event
this agreement is terminated and the Institute
loses its ability to use said parking spaces, all
classes shall be restricted to the hours between
5:00 p.m. and 10:00 p.m.
6. That the applicant shall continue to encourage
students and clients to park in the Security
Pacific Sank parking lot at 3451 East Coast
Highway between the hours of 5:00 p.m. and 10:00
p.m.
7. That all employees shall park their vehicles in
the off -site parking areas.
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8. That the Planning Commission may add to or modify
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conditions of approval to this use permit, or
•
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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.
CONDITIONS:
1. That the interior design school shall be operated
only in conjunction with the interior design
studio, and that the school shall operate in
accordance with the following conditions.
2. That the use of the facility shall be consistent
with the approved plot plan and floor plans.
3. That attendance at all classes shall be restricted
to 30 persons.
I I I I I 4. That a maximum of two evening classes and two
daytime classes shall be offered each week.
Evening classes shall cease by 10:00 p.m.
5. That the applicant shall maintain the existing
informal agreement to provide 20 parking spaces in
the parking lot located at the southwesterly
corner of Poppy Avenue and East Coast Highway
(across from the Five Crowns Restaurant) between
the hours of 8:30 a.m. and 5:00 p.m. In the event
this agreement is terminated and the Institute
loses its ability to use said parking spaces, all
classes shall be restricted to the hours between
5:00 p.m. and 10:00 p.m.
6. That the applicant shall continue to encourage
students and clients to park in the Security
Pacific Sank parking lot at 3451 East Coast
Highway between the hours of 5:00 p.m. and 10:00
p.m.
7. That all employees shall park their vehicles in
the off -site parking areas.
this use permit, upon a determination that the
operation which is the subject of this use permit,
-19-
8. That the Planning Commission may add to or modify
conditions of approval to this use permit, or
•
recommend to the City Council the revocation of
this use permit, upon a determination that the
operation which is the subject of this use permit,
-19-
COMMISSIONERS
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July 18, 1985
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causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
x • �
Item #8 Use Permit No. 3156 (Public Hearing)
Request to permit the establishment of a take -out
restaurant serving hamburgers and soft drinks in an
existing building utilized as a bike, skate, and beach
accessory rental facility in the Unclassified District,
and to waive the required off - street parking spaces.
LOCATION: A portion of Block D, Balboa Tract
and a portion of Record of Survey
48 -33, located at 105 Main Street, on
the southwesterly corner of Main Street
and East Ocean Front, in Central Balboa.
ZONE:
0 11111111 OWNER:
Unclassified
Ocean Front Wheel Works, Balboa
Griswold's Hotel Services, Costa Mesa
The public hearing was opened at this time, and Mr.
Harry Rasmussen appeared before the Planning Commission
on behalf of the applicant. Mr. Rasmussen stated that
Ocean Front Wheel works is completely surrounded by
parking lots and that the subject business is not a
destination point. Mr. Rasmussen advised that the City
Council has recently banned three - wheelers on the
sidewalks which was a big part of the applicant's
business, and that the building is presently about
one -half vacant.
Chairman Person pointed out to Mr. Rasmussen that staff
has recommended that parking standards and landscaping
be waived in the event the Planning Commission should
approve the application. Mr. Rasmussen stated that he
concurs with the findings and conditions in Exhibit
"B ". In response to a question posed by Chairman
Person, Mr. Laycock explained that the Land Use Element
of the General Plan designates the subject property
for "Recreational and Environmental Open Space" uses,
and does not allow commercial uses.
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No. 8
The public hearing was closed at this time.
11
111111
Commissioner Eichenhofer stated that her recent visits
to the area have shown that the subject premises
-20-
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No. 8
July 18, 1985
COMMISSIONERS
appears to be at capacity and that the operation of a
take -out restaurant will further intensify the use of
Motion the building. Commissioner Eichenhofer made a motion
All Ayes to deny Use Permit No. 3156, subject to the findings in
Exhibit "A ". Motion voted on, MOTION CARRIED.
FINDINGS:
1.. That the existing use of the building is already
more intense than the uses contemplated at the
time the building was constructed.
2. That the operation of a take -out restaurant will
further intensify the use of the building.
3. That the proposed use is inconsistent with the
Land Use Element of the General Plan and the Local
Coastal Program, Land Use Plan.
I I I I I I 4. That no off - street parking spaces will be provided
in conjunction with the intensification of the use
of the building.
5. That the Police Department has indicated that
further intensification of the use of this site is
not appropriate, due to the lack of available
parking near the site.
6. That the approval of Use Permit No. 3156 will,
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 and be detrimental
or injurious to .property and improvements in the
neighborhood and the general welfare of the City.'
Use Permit No. 3158 (Public Hearing)
Request to permit alterations to the existing Balboa
Inn facility. The proposal includes a request to
convert an existing restaurant to a cocktail lounge; a
request to relocate an existing restaurant on the site;
and a request to permit outdoor dining in the existing
courtyard. The proposal also includes a request to pay
I I I I I I an annual fee to the City in lieu of providing the
required off - street parking spaces on -site.
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appears to be at capacity and that the operation of a
take -out restaurant will further intensify the use of
Motion the building. Commissioner Eichenhofer made a motion
All Ayes to deny Use Permit No. 3156, subject to the findings in
Exhibit "A ". Motion voted on, MOTION CARRIED.
FINDINGS:
1.. That the existing use of the building is already
more intense than the uses contemplated at the
time the building was constructed.
2. That the operation of a take -out restaurant will
further intensify the use of the building.
3. That the proposed use is inconsistent with the
Land Use Element of the General Plan and the Local
Coastal Program, Land Use Plan.
I I I I I I 4. That no off - street parking spaces will be provided
in conjunction with the intensification of the use
of the building.
5. That the Police Department has indicated that
further intensification of the use of this site is
not appropriate, due to the lack of available
parking near the site.
6. That the approval of Use Permit No. 3156 will,
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 and be detrimental
or injurious to .property and improvements in the
neighborhood and the general welfare of the City.'
Use Permit No. 3158 (Public Hearing)
Request to permit alterations to the existing Balboa
Inn facility. The proposal includes a request to
convert an existing restaurant to a cocktail lounge; a
request to relocate an existing restaurant on the site;
and a request to permit outdoor dining in the existing
courtyard. The proposal also includes a request to pay
I I I I I I an annual fee to the City in lieu of providing the
required off - street parking spaces on -site.
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LOCATION: Lots 12 -16, Block 10, Balboa. Tract,
located at 105 Main Street, on the
northwesterly corner of East Ocean Front
and Main Street, in Central Balboa.
ZONE: C -1 -Z
APPLICANT: Griswold's Hotel Services, Costa Mesa
OWNER: Same as applicant
Chairman Person stepped down from the dais because of a
possible conflict of interest.
Assistant City Attorney Carol Korade referred the
Planning Commission to the staff report wherein staff
has recommended that the applicant process and record a
parcel map prior to the issuance of building permits in
accordance with Section 20.87.090A of the Municipal
Code. Ms. Korade referred to Section 20.87.090B of the
Municipal Code, "Waiver of Combining Requirement"
whereby the Planning Commission may desire to waive the
.
requirement of a parcel map. She said that the
required finding to waive the parcel map would read as
follows: "The .project is of sufficient length to
guarantee that the lots which constitute the building
site will be held as a single entity for the economic
duration of the building improvement to be placed on
the site." Ms. Korade said that the Planning
Commission may impose such conditions as deemed
necessary to secure the purpose of the Municipal Code
which is to insure that the subject lots will not be
divided during the course of the time that the main
structure is on the parcel. She said that the City
Attorney's office recommends that the waiver be a
temporary waiver whereby the applicant be allowed 60
days in order to file a parcel map.
0
Commissioner Eichenhofer stated that she is
recommending that the restaurant parking be based on
one parking space for 'every 50 square feet of "net
public area" rather than the typical one space for each
40 sq.ft. of "net public area" because the restaurant
will be patronized by hotel patrons and Balboa
Peninsula residents who will be walking to the
restaurant.
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The public hearing was opened at this time, and Mr.
Dennis O'Neil, attorney, 3200 Park Center Drive, Costa
Mesa, appeared before the Planning Commission. Mr.
O'Neil referred to the staff report's reference to a
parking agreement entered into between the owner of the
property and the City in 1973, providing for an
additional 51 spaces in the parking lot. He stated
that the applicant agrees with staff that the City is
not obligated to comply with the terms of the off -site
parking agreement, but in the opinion of the applicant,
the parking agreement is not void and is still in
effect until 1988. Mr. O'Neil stated that the
applicant concurs with the findings and conditions in
Exhibit "A ". Mr. O'Neil further stated that the
applicant agrees with the recommendation of the City
Attorney's office waiver provision as explained by Ms.
Korade and that the parcel map will be filed within 60
to 90 days.
Mr. Ray Sanford, architect, 703 Narcissus Avenue,
appeared before the Planning Commission. Mr. Sanford
expressed the applicant's enthusiasm for the proposed
•
project. He said that the applicant concurs with the
findings and conditions in Exhibit "A ", and that the
applicant is willing to work with the area's businesses
to try and resolve the current parking problems.
In response to a question posed by Commissioner
Winburn, Mr. Sanford replied that the applicant has not
closed escrow on the Bank of America parcel, but that
there is a possibility that the 66 parking spaces of
the Balboa Inn in the Municipal parking lot may be
relocated onto the Bank of America property in the
future. .
In response to Commissioner Goff's inquiry regarding
Condition No. 4, referring to sectioning a portion of
the interior of the restaurant to reduce the "net
public area" prior to 3:00 p.m., and the applicant's
intent during the winter months, Mr. Sanford replied
that the applicant intends to have two moveable
barriers, one within the restaurant to partition off
the restaurant and one to partition off the courtyard
seating during the winter. Mr. Sanford stated that he
believes that Condition No. 5 allows the Planning
Department to govern the subject barriers.
0 111 11111 The public hearing was closed at this time. Discussion
followed between the Planning Commission and Ms. Korade
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regarding the time period for filing and recording the
parcel map. Commissioner Eichenhofer made a motion to
Motion x approve Use Permit No. 3158 subject to the findings and
conditions in Exhibit "A ", including the addition of
Finding No. 6. revising Condition No. 2 relative to the
parcel map, and revising Condition No. 6 that
will allow for 19 in -lieu parking spaces instead of
staff's recommendation of 24 in -lieu parking spaces.
Commissioner Winburn stated that she will support the
motion and that she agrees with Commissioner
Eichenhofer's recommendation of one parking space for
each 50 square feet of "net public area" for the
primary restaurant on the property. Commissioner
Winburn also expressed her concerns regarding the
existing in -lieu parking fees and standards.
Commissioner Goff asked the maker of the motion if the
portion of Condition No. 4. stating "including the
outdoor dining area and a portion of the interior
dining area" be deleted so that the condition will be
1111 1111 applicable during the winter and summers months.
Commissioner Eichenhofer accepted the revised
condition.
Commissioner Turner stated that he will support the
motion, and that the proposed project will be a fine
addition to the area.
Motion was voted on to approve Use Permit No. 3158
Ayes x x including the addition of Finding No. 6, and modified
Absent JJxJx
Conditions No. 2, 4, and 6. MOTION CARRIED.
FINDINGS:
1. That the proposed expansion of the subject
restaurant facility is consistent with the General
Plan and the Local Coastal Program and is
compatible with surrounding land uses.
2. The project will not have any significant
environmental impact.
I I I I I I 3. That there is adequate nighttime parking for the
subject restaurant within the Balboa Pier
Municipal parking lot and that said parking is
1111111 j within reasonable distance so as to be useful to
0 I the subject restaurant.
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July 18, 1985
MINUTES
5. The approval of Use Permit No. 3158 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 or improvements in the
neighborhood or the general welfare of the City,
inasmuch as the operation of the existing
restaurant use has not been detrimental to the
neighborhood, and the additional area will not be
utilized prior to 3:00 p.m. daily.
6. That the project is of sufficient length to
guarantee that the lots which constitute the
building site will be held as a single entity for
the economic duration of the building improvement
to be placed on the site.
CONDITIONS:
1. That development shall be in substantial
conformance with the approved plot plan, floor
plans, and elevations.
2. That an agreement be submitted to the Planning
Department wherein it is agreed that the lots
which constitute the project will be held as a
single building site. A tentative parcel map
shall be submitted to the Planning Department
within 60 days of the effective date of approval
of this use permit. A parcel map shall then be
recorded so as to resubdivide the property into a
single parcel of land.
3. That the combined "net public area" of the primary
restaurant, cocktail lounge and outdoor dining
area shall not exceed 2,442 square feet.
4. That the operation of the primary restaurant shall
be restricted to the hours between 6:00 a.m. and
2:00 a.m. daily. Only 1,365 square feet of "net
public area" shall be utilized prior to 3:00 p.m.
daily. After 3 :00 p.m., the entire facility,
which includes the cocktail lounge, outdoor dining
area, and indoor dining areas, may be used for the
service of food and beverages.
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4.
That the use of
parking spaces. within the
Municipal parking
lot will not create undue
traffic hazards in the surrounding area.
5. The approval of Use Permit No. 3158 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 or improvements in the
neighborhood or the general welfare of the City,
inasmuch as the operation of the existing
restaurant use has not been detrimental to the
neighborhood, and the additional area will not be
utilized prior to 3:00 p.m. daily.
6. That the project is of sufficient length to
guarantee that the lots which constitute the
building site will be held as a single entity for
the economic duration of the building improvement
to be placed on the site.
CONDITIONS:
1. That development shall be in substantial
conformance with the approved plot plan, floor
plans, and elevations.
2. That an agreement be submitted to the Planning
Department wherein it is agreed that the lots
which constitute the project will be held as a
single building site. A tentative parcel map
shall be submitted to the Planning Department
within 60 days of the effective date of approval
of this use permit. A parcel map shall then be
recorded so as to resubdivide the property into a
single parcel of land.
3. That the combined "net public area" of the primary
restaurant, cocktail lounge and outdoor dining
area shall not exceed 2,442 square feet.
4. That the operation of the primary restaurant shall
be restricted to the hours between 6:00 a.m. and
2:00 a.m. daily. Only 1,365 square feet of "net
public area" shall be utilized prior to 3:00 p.m.
daily. After 3 :00 p.m., the entire facility,
which includes the cocktail lounge, outdoor dining
area, and indoor dining areas, may be used for the
service of food and beverages.
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July 18, 1985
5. That the barrier used to define the limits of the
outdoor dining area and the portion of the
restaurant that will not be used prior to 3:00
p.m. shall be approved by the Planning Department.
6. That nineteen (19) in -lieu parking spaces shall be
purchased from the City on an annual basis for the
duration of the primary restaurant use and that
the annual fee for said parking shall be in
accordance with Section 12.44.125 of the Newport
Beach Municipal Code.
7. That the restaurant to be relocated to Suite D
shall operate only between the hours of 12:00 noon
and 2:00 a.m.
S. That no alcoholic beverages shall be served after
12:00 midnight daily in the restaurant in Suite D.
9. That trash receptacles for patrons of the
restaurant in Suite D shall be provided in
• ( I I I I I I convenient locations inside and outside the
I` building.
16. That six in -lieu parking spaces shall be purchased
from the City on an annual basis for the duration
of the restaurant use in Suite D and that the
annual fee for said parking shall be in accordance
with Section 12.44.125 of the Newport Beach
Municipal Code.
11. That neither restaurant shall feature live
entertainment or dancing unless an amendment to
this use permit is approved.
12. That a washout area for both restaurant's trash
containers shall 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.
13. That grease interceptors shall be installed on all
fixtures in the restaurant facilities where grease
may be introduced into the drainage systems in
accordance with the provisions of the Uniform
Plumbing Code, unless otherwise approved by the
• 11111111 Building Department.
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5. That the barrier used to define the limits of the
outdoor dining area and the portion of the
restaurant that will not be used prior to 3:00
p.m. shall be approved by the Planning Department.
6. That nineteen (19) in -lieu parking spaces shall be
purchased from the City on an annual basis for the
duration of the primary restaurant use and that
the annual fee for said parking shall be in
accordance with Section 12.44.125 of the Newport
Beach Municipal Code.
7. That the restaurant to be relocated to Suite D
shall operate only between the hours of 12:00 noon
and 2:00 a.m.
S. That no alcoholic beverages shall be served after
12:00 midnight daily in the restaurant in Suite D.
9. That trash receptacles for patrons of the
restaurant in Suite D shall be provided in
• ( I I I I I I convenient locations inside and outside the
I` building.
16. That six in -lieu parking spaces shall be purchased
from the City on an annual basis for the duration
of the restaurant use in Suite D and that the
annual fee for said parking shall be in accordance
with Section 12.44.125 of the Newport Beach
Municipal Code.
11. That neither restaurant shall feature live
entertainment or dancing unless an amendment to
this use permit is approved.
12. That a washout area for both restaurant's trash
containers shall 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.
13. That grease interceptors shall be installed on all
fixtures in the restaurant facilities where grease
may be introduced into the drainage systems in
accordance with the provisions of the Uniform
Plumbing Code, unless otherwise approved by the
• 11111111 Building Department.
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14. That kitchen exhaust fans shall be designed to
control odors and smoke unless otherwise approved
by the Building Department.
15. That all mechanical equipment and trash areas
shall be screened from East Ocean Front, Main
Street, the alley and adjacent properties.
16. That a trash compactor shall be installed in both
restaurants.
17. That employees of the various businesses operating
on the site shall park in the Municipal parking
lot.
18. That the premises and the adjacent public
sidewalks shall be kept clean and regularly
maintained.
19. That the on -site pedestrian circulation systems
shall be approved by the City Traffic Engineer.
20. That any proposed landscaping adjacent to the
public right -of -way shall be approved by the
Public Works and Parks, Beaches and Recreation
Departments.
21. That all signs shall conform to the provisions of
Chapter 20.06 of the Municipal Code. No signs
shall be permitted on the sidewalk or within the
parkway areas.
22. That all awnings and marquees shall conform with
the applicable provisions of the Uniform Building
Code.
23. That an encroachment agreement shall be approved
by the City Council if the applicant desires to
install nonstandard improvements within the public
right of way.
24. That an 8 foot wide sidewalk shall be constructed
parallel to the parcel on the ocean side of East
Ocean Front. This sidewalk shall be located six
feet from the southerly boundary of said parcel.
This 6 foot wide strip shall be appropriately
• 11111111 landscaped and maintained by the applicant.
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14. That kitchen exhaust fans shall be designed to
control odors and smoke unless otherwise approved
by the Building Department.
15. That all mechanical equipment and trash areas
shall be screened from East Ocean Front, Main
Street, the alley and adjacent properties.
16. That a trash compactor shall be installed in both
restaurants.
17. That employees of the various businesses operating
on the site shall park in the Municipal parking
lot.
18. That the premises and the adjacent public
sidewalks shall be kept clean and regularly
maintained.
19. That the on -site pedestrian circulation systems
shall be approved by the City Traffic Engineer.
20. That any proposed landscaping adjacent to the
public right -of -way shall be approved by the
Public Works and Parks, Beaches and Recreation
Departments.
21. That all signs shall conform to the provisions of
Chapter 20.06 of the Municipal Code. No signs
shall be permitted on the sidewalk or within the
parkway areas.
22. That all awnings and marquees shall conform with
the applicable provisions of the Uniform Building
Code.
23. That an encroachment agreement shall be approved
by the City Council if the applicant desires to
install nonstandard improvements within the public
right of way.
24. That an 8 foot wide sidewalk shall be constructed
parallel to the parcel on the ocean side of East
Ocean Front. This sidewalk shall be located six
feet from the southerly boundary of said parcel.
This 6 foot wide strip shall be appropriately
• 11111111 landscaped and maintained by the applicant.
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25. 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.
26. That 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
Municipal Code.
A. Use Permit No. 3159 (Public Hearing)
Request to permit the construction of a two unit
residential condominium development and related garages
and carports on property located in the R -2 District.
• 11111111 AND
B. Resubdivision No. 812 (Public Hearing)
Request to resubdivide portions of two lots into a
single parcel of land for residential condominium
purposes.
LOCATION: Portions of Lot 12 and 14, Block 435,
Corona del Mar Tract, located at 428
Heliotrope Avenue, on the easterly side
of Heliotrope Avenue, between First
Avenue and East Coast Highway, in Corona
del Mar.
ZONE: R -2
APPLICANT: Robert C. Arnold, Madera
OWNER: Same as applicant
ENGINEER: Duca- McCoy, Inc., Irvine .
The public hearing was opened in connection with this
item, and Mr. R. C. Arnold, applicant, appeared before
the Planning Commission. In response to Mr. Arnold's
inquiry regarding the skylights, Mr. Laycock responded
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that the proposed skylights exceeded the average 24
Motion x foot height limit. Mr. Arnold stated that he concurs
All Ayes with the findings and conditions in Exhibit "A ".
The public hearing closed at this time. Chairman
Person made a motion to approve Use Permit No. 3159 and
Resubdivision No. 812, subject to the related findings
and conditions in Exhibit "A ".
USE PERMIT NO. 3159
FINDINGS:
1. That each of the proposed units has been designed
as a condominium with separate and individual
utility connections.
I I I I I I I( 2 The project complies with all applicable standards
for development in the district in which the
property is located.
• I I I I I I 3. The project is consistent with the adopted goals
and policies of the General Plan and the Local
Coastal Program, Land Use Plan.
4. That an adequate number of on -site parking spaces
will be provided in conjunction with the resi-
dential condominium development.
5. The approval of Use Permit No. 3159 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 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, floor plans and
elevations, except as noted in the following
conditions.
2. That all skylights shall conform to the permitted
average roof height.
• 3. That one garage space and one partially covered
parking space shall be provided for each dwelling
unit. .
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that the proposed skylights exceeded the average 24
Motion x foot height limit. Mr. Arnold stated that he concurs
All Ayes with the findings and conditions in Exhibit "A ".
The public hearing closed at this time. Chairman
Person made a motion to approve Use Permit No. 3159 and
Resubdivision No. 812, subject to the related findings
and conditions in Exhibit "A ".
USE PERMIT NO. 3159
FINDINGS:
1. That each of the proposed units has been designed
as a condominium with separate and individual
utility connections.
I I I I I I I( 2 The project complies with all applicable standards
for development in the district in which the
property is located.
• I I I I I I 3. The project is consistent with the adopted goals
and policies of the General Plan and the Local
Coastal Program, Land Use Plan.
4. That an adequate number of on -site parking spaces
will be provided in conjunction with the resi-
dential condominium development.
5. The approval of Use Permit No. 3159 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 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, floor plans and
elevations, except as noted in the following
conditions.
2. That all skylights shall conform to the permitted
average roof height.
• 3. That one garage space and one partially covered
parking space shall be provided for each dwelling
unit. .
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July 18, 1985
COMMISSIONERS MINUTES
4. That all conditions of Resubdivision No. 812 shall
be fulfilled.
5. That 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.
NO. 812
FINDINGS:
1. That the map meets the requirements of Title 19 of
the Newport Municipal Code, all ordinances of the
City, all applicable general or specific plans and
the Planning Commission is satisfied with the plan
of subdivision.
2. That the proposed resubdivision presents no
problems from a planning standpoint.
0 11111111 CONDITIONS:
1. That a parcel map shall be recorded.
2. That all improvements shall be constructed as
required by ordinance and the Public Works Depart-
ment.
3. That a standard subdivision agreement and accompa-
nying surety shall be provided in order to guaran-
tee satisfactory completion of the public improve-
ments if it is desired to record a parcel map or
obtain a building permit prior to completion of
the public improvements.
4. That each dwelling unit shall be served with an
individual water service and sewer lateral con-
nection to the public water and sewer systems
unless otherwise approved by the Public Works
Department.
5. That all vehicular access to the property shall be
taken from the adjacent alley.
I I I { I I 6. That the displaced portions of curb, gutter and
I sidewalk along Heliotrope Avenue shall be replaced
to the satisfaction of the Public Works Depart-
ment.
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4. That all conditions of Resubdivision No. 812 shall
be fulfilled.
5. That 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.
NO. 812
FINDINGS:
1. That the map meets the requirements of Title 19 of
the Newport Municipal Code, all ordinances of the
City, all applicable general or specific plans and
the Planning Commission is satisfied with the plan
of subdivision.
2. That the proposed resubdivision presents no
problems from a planning standpoint.
0 11111111 CONDITIONS:
1. That a parcel map shall be recorded.
2. That all improvements shall be constructed as
required by ordinance and the Public Works Depart-
ment.
3. That a standard subdivision agreement and accompa-
nying surety shall be provided in order to guaran-
tee satisfactory completion of the public improve-
ments if it is desired to record a parcel map or
obtain a building permit prior to completion of
the public improvements.
4. That each dwelling unit shall be served with an
individual water service and sewer lateral con-
nection to the public water and sewer systems
unless otherwise approved by the Public Works
Department.
5. That all vehicular access to the property shall be
taken from the adjacent alley.
I I I { I I 6. That the displaced portions of curb, gutter and
I sidewalk along Heliotrope Avenue shall be replaced
to the satisfaction of the Public Works Depart-
ment.
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July 18, 1985
MINUTES
•
A D J O U R N M E N T: 9:20 p.m.
PAT EICHENHOFER, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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City of Newport Beach
A
LL CALL
INDEX
7. That this resubdivision shall expire if the map
has not been recorded within 3 years of the date
of approval, unless an extension is granted by the
Planning Commission.
A D D I T I 0 N A L B U S I N E S S:
Additional
Business
Commissioner Goff requested that staff investigate why
a copy of the letter from the Arches Restaurant to the
Arches
City Council dated July 8, 1985, was not received by
Restaurant
Letter
the Planning Department at an earlier date so that said
letter could have been included in the Commissioners'
packets.
Chairman Person informed the Commission that reserva-
tions for the League of California Cities Convention
League of
must be submitted to Kay Kamm by Friday, July 26, 1985.
Calif.CitiE
Convention.
It was determined that six of the Commissioners will be
attending said convention.
Chairman Person suggested that the Commission should
Review
review its procedures periodically, such as considering
Procedures
Recommen-
adding a Consent Calendar item to the Planning Commis -
sion agenda.
dation
•
A D J O U R N M E N T: 9:20 p.m.
PAT EICHENHOFER, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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