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HomeMy WebLinkAbout07/21/1983COMMAMSSIONERS MINUTES REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: '7:30 p.m. r c DATE: July 21, 1983 m I m m m City of Newport Beach ROLL CAL INDEX 1XIII X X X X All present. * k * EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Gabriele, Assistant City Attorney * * * STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Benjamin B. Nolan, Public Works Director Fred Talarico, Environmental Coordinator Nancy M. Alvidrez, Secretary * k * • Request to permit the relocation of an existing - Item property line between Lots No. 14 and 17 of Tract No. 4824. The proposed lot line adjustment will permit the expansion of the Sav -On -Drug Store facility. The approval of this application will also require the elimination or the relocation of the existing ingress- egress drive between the Sav -On -Drug store and the Bank of America facility to Ruthland Road. LOCATION: Portions of Lots No. 14 and 17, Tract No. 4824, located at 1020 Irvine Avenue, on the northeasterly corner of Irvine Avenue and Westcliff Drive, in the Westcliff Plaza Shopping Center. ZONE: C -O -H APPLICANT: ISav -On -Drug, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER:. Van Dell and Associates, Irvine Mr. Hewicker stated that there was a request to Conti continue this item to the meeting of September 8, 1983. to Se ber 8 •.I Motion was made to continue Item No. 1 to the Planning All Ayes .:X X X Xx K K Commission Meeting of September 8, 1983, which MOTION CARRIED. MINUTES 3 F July 21, 1983 v m m W mow. City. of Newport Beach ROLL CALL I 111 111 1 1 INDEX Request to consider the revocation of Use Permit No. 1027 that permitted the service of on -sale alcoholic beverages in conjunction with an existing restaurant located in the C -1 District. This public hearing is to address the change in operational characteristics of the "Class of 47" which is presently operating as a cocktail lounge whereas the existing use permit allows a food service restaurant with the service of alcoholic beverages. LOCATION: Lots No. 5, 6, 7, Block 5, Balboa Tract, located at 209 Palm Street, on the southwesterly corner of Palm Street and East Bay Avenue, in Central Balboa ZONE: C -1 APPLICANT: Louis Barrenchea, Newport Beach OWNER: Estate of Albert Gilbert, Security Pacific . Bank, Administrator, Newport Beach INITIATED - - BY: The City of Newport Beach AND Request to establish a take -out restaurant facility (i.e., Papagayo's) which includes incidental dining and the service of on -sale beer and wine on property located in the C -1 District. The proposal also includes a request to waive all of the required off - street parking spaces for said take -out restaurant. LOCATION: Lots No. 5, 6, 7, Block, 5, Balboa Tract, located at 209' Palm Street, on the southwesterly corner of Palm Street and East Bay Avenue, in Central Balboa ZONE: C -1 APPLICANT: Bruce Davidson, Balboa I I I I ' H I OWNER: Estate of Albert Gilbert, Security Pacific Bank, Administrator, Newport Beach • I I I I I I I Planning Director Hewicker stated that the Commission may also desire to hear Item No. 3 concurrently with Item No. 2 due to their relationship. - 2 - r, 1027 INO. 3041 t MINUTES July 21, 1983 n 7C f r S � m o m a m qty of Newport Beach mo ROLL CALL INDEX Commissioner Person stated that because of his previous involvement with the Balboa Improvement Association and having written a letter he would like to step down and abstain from any discussion regarding these items. The public hearing opened in conjunction wi th Use Permit No. 1027 and Mr. Louis Barrenchea,. 2176 Pacific Street, Orange, applicant, appeared before the Commission. In response to a question-posed by Commissioner Balalis regarding Section 2 of the lease, that was attached to his letter, Mr. Barrenchea stated that this letter was part of the terms of the sub -lease which was given to Mr. Davidson, the applicant for Papagayo's. Mr. Barrenchea also stated that. Mr. Davidson was told that the letter would have to apply and be legal with three government agencies: the State, the Health Department and the City of Newport Beach. Also, an escape clause was given to Papagayo's in that.if these • licenses could not be obtained they simply had to notify him and cancel their sub- lease. Mr. Barrenchea stated that in reading the staff report the Commission may feel that the Class of 47 was misleading Papagayo's. Mr. Barrenchea also stated that the premises was leased to Papagayo's but that the Class of 47 did not try to run their business. In 1978, when the Class of 47 applied to ABC to eliminate their food service, they were not aware that the splitting of the license had anything to do with the continuation of serving alcohol or continuing to serve food. Consequently, Class of 47 has applied and paid for their taxes ever since then. In response to a question posed by Commissioner Balalis, Mr. Barrenchea stated he was aware there was a use permit for a restaurant' and bar and continued to pay the taxes and changed the ownership at the time of the City permit. An attorney was hired who checked out everything and felt that Mr. Barrenchea could continue operating the facility as a cocktail lounge. At that time, no advice was asked of his attorney when they decided to switch to a straight cocktail lounge, but the attorney did advise Mr. Barrenchea that he had to have a receipt of approval to do so. • Planning Director Hewicker stated that when the restaurant was originally established, a restaurant use on that site was automatically permitted under the - 3 - MINUTES July 21, 1983 � v m m 3 a m City of Newport Beach O I ROLL CALL I III Jill I INDEX City's zoning Regulations and the only time a use permit requirement would have been required was when they had requested to serve alcoholic beverages in conjunction with that restaurant, or whether they had asked for live entertainment, within 200 feet of a residential zone. It wasn't until later that the City's regulations were changed to require that all restaurants, regardless of whether they had alcoholic beverages, live entertainment, dancing, etc., required a use permit regardless of their operational characteristics. Inasmuch as they had the use permit for the alcoholic beverages, Planning Director Hewicker stated that perhaps it may not have entered their minds that what they really had was alcoholic beverages in conjunction with a bona fide restaurant. Mr. Barrenchea further stated that after 5 years of operation, since they had made the switch to a cocktail lounge and no one had come forth advising that they had to do otherwise, they thought it was perfectly • consistent with what was permitted. Mr. Barrenchea further indicated that they simply were of the opinion that they could sell alcohol, food and /or both. Mr. Hewicker asked Mr. Barrenchea whether he had any comment on the food service being reestablished in the Class of 47. In response to Mr. Hewicker's question, Mr. Barrenchea stated that they feel the establishment is too small for a restaurant use and he believes that the staff report states they have approximately 2100 square feet in entire the building of which a nominal 600 - 700 square feet is being leased by Papagayo's, which was formally the kitchen. In referring to Exhibit "D ", which contains some Conditions and Findings in the event the Planning Commission were to approve the current operational characteristics of the Class of 47 as a cocktail lounge, Mr. Hewicker asked Mr-Barrenchea if he had any comments. In response to Mr. Hewicker's question, Mr. Barrenchea stated that there was no argument with Condition No. 1 (i.e., all eight on -site parking spaces to be for the exclusive use of the Class of 47). I ( I ( I I I Regarding Condition No. 1, Chairman King asked Mr. Barrenchea how are the parking spaces controlled? MW MINUTES July 21, 1983 n 7C r v m a m Cit of Newport Beach O ROLL CALL INDEX In response to Chairman King's question, Mr. Barrenchea stated that it is very difficult to control from the standpoint of people coming by and parking there, not knowing whether they are customers or people parking and walking away to another site. Regarding Condition No. 3, the two year period would be a detriment to the Class of 47 because in the event they elected to sell the premises and someone wanted to make changes, it would be a question in the permit. In other words, it would reduce the value of the property if the Class of 47 were wanting to sell. Mr. Barrenchea further stated that in regards to the trash containers, required in Condition No. 5, as far as the City is concerned, the people utilizing the entire area use the trash containers. Mike Stanley of 1840 Park Newport, #205, and Bruce Davidson of 1000 E. Balboa Boulevard, Balboa, representing Papagayo's, appeared before the Commission • in conjunction with Use Permit No. 3041. Mike Stanley stated that as far as regulations of the patio were concerned he felt that they had been misunderstood. In order to try to clarify it he made an appointment with Sgt. Doug Thomas of the Police Department, for 2:00 in the afternoon on Thursday, July 7, 1983, to discuss the conditions of the patio. At the time of arranging this appointment, Sgt. Thomas told Mr. Stanley that he would have to come out since he knew nothing of the patio. At 1:50 p.m. on the same day another Police Officer telephoned Mr. Stanley to cancel the meeting and to say that there was no need of him coming out since he was familiar with the patio. Mr. Stanley said, at that time, that he would at least like the, officer to come out so that he could discuss his proposal to coincide with.what. would make the patio viable. There was some concern on the part of the. Police Officer that by coming out and discussing the patio with Mr. Stanley that it would prejudice his decision in the matter. In response to a question posed by Commissioner Balalis, Mr. Davidson stated that he believes the proposed off -site parking lot could easily be made into validation parking. In response to a question posed by Chairman King, Mr. Davidson stated that Laguna Federal Savings and Loan does not wish to get involved with the parking - 5 - MINUTES F x I July 21, 1983 � m S v m 3 m a. 1 City of Newport Beach ROLL CALL 1 1 1 1 1 1 1 1 1 INDEX I situation inasmuch as they do not operate the .parking lot. The lot is, operated by a parking lot attendant that covers all of the parking lots for Laguna Federal Savings and Loan. Mr. Davidson further stated that he would see if it is possible to obtain some type of a valid contractual agreement. Commissioner Balalis asked if the Commission would consider a two week continuance which would allow Mr. Davidson to return with a document; in writing, to the City as to how he plans on dealing with the parking problem. Commissioner Kurlander asked that Mr. Davidson give the Commission a parking plan that provides parking for the lunch hour as well as with the evening hours.. Bob Gabriele, Assistant City Attorney, stated that with respect to the parking issue, he had a meeting with Mr. Stanley over a week ago, in which a written parking • agreement was discussed and Mr. Stanley confirmed that Laguna Savings and Loan would not enter into a written agreement and they would not want anything recorded against the property. In lieu of that, Mr. Stanley agreed to supply some written acknowledgement for the file, from Laguna Federal Savings and Loan to the effect that the person who is operating the parking facility, has the authority to operate the facility and then the operator of the facility would enter into the written agreement with Papagayo's and the City, which would not be recorded against the property. However, the agreement would contain the provision that Papagayo's, as a measure of good faith and commitment to comply with all of the provisions, despite the Municipal Code provision that a revocation of a use permit be subject to review by the Commission and ultimate review by the City Council, would waive that right and would agree to an automatic revocation if it , were established that there was a change in the parking arrangement in violation of a condition that thereby deprives them of available parking spaces. Furthermore, as part of the agreement, Papagayo's would be required within 30 days of any anticipated change to notify the appropriate City representative of any change to get prior approval from the Planning Commission before execution of any change. • Mr. Gabriele further stated that it was his understanding that Mr. Stanley would have, had that MINUTES � r x July 21, 1983 v m m City of Newport Beach ROLL CALL I I I I II I I I INDEX C, J agreement finalized for presentation at the tonight's hearing. Chairman King stated that there are problems.with what Mr. Gabriele said. If for some reason the use permit is approved, based on the agreement that Papagayo's was able to get with the contracting agent for Laguna Federal Savings and Loan, and for some reason Laguna Federal Savings and Loan did not like the service provided to .them by the parking lot service and discontinued that contract, then that essentially voids the use permit. Mr. Gabriele clarified his statement by stating that if there was going to be a termination of Papagayo's parking right because of any decision of Laguna Federal Savings and Loan, then at that point as long as the City was given proper notice of that change, the use permit would not be voided automatically. It is only if Papagayo's is deficient in communicating the prospective change to the City that would result in a possible forfeiture. Mr. Gabriele further stated that the matter was handled this way because Laguna Federal Savings and Loan did not want to treat this branch differently than the others, and as a consequence they would not permit recording of any written agreement against that property. The reason for the automatic revocation is because the standard agreement is recorded against the property, and the owner of the property is being bound to that agreement so that the .City would have an immediate recourse if there was a breach in that agreement, whereas if there is a change and nothing is recorded against the land and no one will know about that change unless the permittee notifies the City. The . item, that revokes the use permit would be non - notification of the City. Chairman King stated that the parking agreement contained in the staff report is deficient for the following reasons: 1) It is not a parking agreement for the deficiency of Papagayo's because as it is worded,.the twenty cars . in which they have an agreement only apply when people can't find a place on the street to park; and 7 - MINUTES July 21, 1983 �M m m : 0 1 City of Newport Beach INDEX 2) The one -hour parking limitation has no kind of monitoring system associated with it whereas people take a ticket, are timed, and then assessed a fee over and above the time limit that they are given. Chairman King further stated that these are the kinds of things that he would be interested in if some type of agreement were made. Commissioner Balalis asked Mr. Davidson if he would be prepared to return in two weeks with a signed parking agreement containing all of the concerns of the Commission. Mr. Davidson stated that he would submit a revised parking agreement at the next meeting as requested by the Commission. Motion X Motion was made for the approval of Use Permit No. 1027. Ayes X X X X X in conjunction with the Class of 47, with the Findings Noes X and Conditions of Exhibit "D ", which MOTION CARRIED. Abstain X FINDINGS: - 1. That the proposed change in operational characteristics of the "Class of 47" restaurant does not represent a significant intensification of use on the subject property and will not increase the overall parking demand for the area. 2. That there is adequate on -site parking to accommodate the proposed operation. 3. That the change in operational characteristics of the "Class of 47" restaurant, so as to delete the service of food in conjunction with its operation, does not represent an intensification of use and 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: I I I I 1. That all on -site parking (eight spaces) shall be • for the exclusive use of the Class of 47 cocktail lounge. Motion Ayes Abstain • • MINUTES i July 21, 1983 � r v m m 3 514 m m ° No City of Newport Beach ;o INDEX 2. That the service of food in conjunction with the subject operation may be incidental to the service of alcoholic beverages. 3. That the approval of Use Permit No. 1027 (Amended) shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. 4. On -sale alcoholic beverages shall be permitted, but no off -sale alcoholics beverages shall be permitted. 5. That all trash containers shall be screened from view and from adjacent properties and from the adjacent alley and streets. 11X Motion was made to continue Use Permit No. 3041 to the X X X X Planning Commission Meeting of August 4, 1983, which X MOTION CARRIED. The Planning Commission recessed at 9:30 p.m. and reconvened at 9:40 p.m. Request to permit the use of a temporary relocatable Itgm #4 building for office and storage uses in the $P -5 USE PERMI', District. NO. 3043 AND AND Request to waive all of the required off - street parking (Item #5 spaces in conjunction with the use of a temporary (VARIANCE relocatable building for office and storage uses in the NO. 1102 SP -5 District. LOCATION: A portion of Lot H, Tract No. 919, located at 2633 West Coast Highway, on the southerly side of West Coast Highway between Riverside Avenue and Tustin Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 DENIED APPLICANT: James F. Parker, Newport Beach . OWNER: Estate of Nelson A. Gray, Upland Agenda Items No. 4 and 5 were heard concurrently due to their relationship. COMNYSSIONERS MINUTES r July 21, 1983 f r � m m City of Newport Beach RDIL CALL I I I H I I INDEX The public hearing opened in conjunction with these items and Mr. James M. Parker, representing the applicant, Mr. James F. Parker, circulated photographs of the site. Mr. Parker stated that the applicant gained control of the property in the Fall of 1980. At that time the building had been in existence for 40 or 50 years, and up to that point in time there had been no effort by anyone to maintain the property. He indicated that there are about 20 to .22 boat slips in the water literally sinking in a dangerous condition. The parking lot was also in despair and full of potholes, and the interior of the two -story building at the front of the site was in a deplorable condition and it had many Code violations. Since the applicant gained control of the site, he has applied for Building permits, he has resurfaced and upgraded the parking lot, he has done a great deal of work on the boat slips and he has redone the interior of the building, all • with Building permits. The building now meets all requirements of the Uniform Building Code. Mr. Parker explained that during the process of upgrading the building, an existing utility shed which had been in existence for some time adjacent to the seawall at the rear of the property, was starting to look bad. For this reason, the applicant replaced the shed with a wooden building that he built. Mr. Parker indicated that this building is used primarily for storage of materials and replacement parts, but also as an office from which employees can view the boat slips and control access to said slips. Mr. Parker further stated that the effort to replace the building was undertaken at a time when the main building on the property was in the process of being renovated. No effort was made to conceal what was going on. Mr. J. F. Parker believed that he was replacing a building that was on the property for a long time, but in the process got a stop -work order. Mr. Parker indicated that the applicant realizes there, is a parking problem in Mariners' Mile but stated that the shed only adds 1.1 parking spaces and the parking deficiency is 1.4 parking spaces. Security is another concern of the applicant and he believes it is critical . having a,person observing access to the boat slips. He indicated that staff's suggestion that a locked gate adjacent,to the boat slips for security purposes would not be practical inasmuch as there would be no easy - 10 - • • x ' July 21, 1983 � r m m m City of Newport Beach access back and forth between the slips in front of the Ancient Mariner Restaurant and the slips in front of the subject property. Furthermore, the removal of the wooden building would require storing items on the second floor of the building adjacent to West Coast Highway, where access would be more difficult. Mr. J. M. Parker stated that the additional parking requirement is negligible, and if it were that alone there probably wouldn't be an enormous problem. He further stated that staffhas pointed out some Building Code problems on the wooden building which are acknowledged by the applicant. Regarding the citation in the staff report about the requirement for the 1 hour fire protection construction in the building, the staff report fails to indicate that the Building Code says that walls at right angles to a property line are exempt from that requirement. Furthermore, with regards to the requirement of a fire retardant roof they realize that it is necessary, and that it will be complied with. Another requirement indicating that the building has to be wrapped with construction paper, the purpose of that is waterproofing. if the Building Code is reviewed, it states that the requirement for waterproofing is to protect the interior wall coverings. Since there are no interior wall coverings, they would like to talk to the Building Department because it is felt this requirement is not necessary. Regarding the California Energy Standards, the purpose to meet the California Energy Standards is to either keep a certain environment within the building or to keep some exterior environment outside from coming in. Being a storage shed, Mr. J. M. Parker stated that there is no environment inside to protect, and so for the building, they would like to talk with the Building Department on this matter. As far as the seismic tiedowns are concerned, it is felt that they can abide by this requirement because there are standard ways of doing so that are recognized in the construction industry . regarding the tiedowns of mobile homes and temporary buildings. The last point of Mr. J. M. Parker's is that the Conditions for Approval contain one (1) condition that they object to, which is Condition No. 4. Condition No. 4 requires that an inspection of the bulkhead be performed and that any repairs be required to the bulkhead which result from that inspection. Mr. J. M. Parker felt that said condition is unreasonable and unrelated to the application. - 11 - MINUTES INDEX • July 21, 1983 MINUTES of Newport Beach INDEX Chairman King stated that the bulkhead is cracked and a portion of the cement seems to be falling away into the water directly under the existing structure although there appears to be a new section poured above it. In response to a ,question posed by Chairman King, Mr. J. M. Parker stated that there is a specific reason for there not being a requirement of storage containers for each boat slip. Small lockers to store materials are usually kept by the owner of each individual yacht for use on his yacht, i.e, hoses, lifejackets, etc. The applicant's business is boat chartering and conducting the sailboat school, but all of the boats that are bayward of the site belong to people who have contracted with Mr. J. F. Parker. There is a continuous maintenance program for each of the boats and the materials being stored in the wooden building consist of all the materials related to their maintenance and repair. With regard to the seawall comment, Mr. J. M. Parker suggested that if the seawall needs to be corrected there is a mechanism for doing SO. In response to a question posed by Chairman King, Mr. J. M. Parker stated that the reason why he felt someone should be on the premises for security purposes is because there is so much access to the slips. Not only are the owners of the boats allowed to come down and use the boats, but also members of the public and members of the Calipso Club are continually chartering these boats. Mr. Hewicker questioned the emphasis of the storage nature for the. structure. Mr. J. M. Parker clarified his statement saying that the shed is not only used for storage, but also for an office so that the maintenance . people can view the boats and do whatever else that is required. In response to a question posed by Commissioner Person, Mr. Parker stated that the employees who will occupy the shed as an office will be performing maintenance of the boats and security of the boat slips. In response to a question posed by Commissioner Goff, Mr. Parker stated that in order to follow through . logically, without someone actually being there for security, access to the slips would have to be fenced off at the Ancient Mariner Restaurant and on the other side of the property. - 12 - st r 9 C � ? 6 �o d '0 m • July 21, 1983 MINUTES of Newport Beach INDEX Chairman King stated that the bulkhead is cracked and a portion of the cement seems to be falling away into the water directly under the existing structure although there appears to be a new section poured above it. In response to a ,question posed by Chairman King, Mr. J. M. Parker stated that there is a specific reason for there not being a requirement of storage containers for each boat slip. Small lockers to store materials are usually kept by the owner of each individual yacht for use on his yacht, i.e, hoses, lifejackets, etc. The applicant's business is boat chartering and conducting the sailboat school, but all of the boats that are bayward of the site belong to people who have contracted with Mr. J. F. Parker. There is a continuous maintenance program for each of the boats and the materials being stored in the wooden building consist of all the materials related to their maintenance and repair. With regard to the seawall comment, Mr. J. M. Parker suggested that if the seawall needs to be corrected there is a mechanism for doing SO. In response to a question posed by Chairman King, Mr. J. M. Parker stated that the reason why he felt someone should be on the premises for security purposes is because there is so much access to the slips. Not only are the owners of the boats allowed to come down and use the boats, but also members of the public and members of the Calipso Club are continually chartering these boats. Mr. Hewicker questioned the emphasis of the storage nature for the. structure. Mr. J. M. Parker clarified his statement saying that the shed is not only used for storage, but also for an office so that the maintenance . people can view the boats and do whatever else that is required. In response to a question posed by Commissioner Person, Mr. Parker stated that the employees who will occupy the shed as an office will be performing maintenance of the boats and security of the boat slips. In response to a question posed by Commissioner Goff, Mr. Parker stated that in order to follow through . logically, without someone actually being there for security, access to the slips would have to be fenced off at the Ancient Mariner Restaurant and on the other side of the property. - 12 - v m m c s n;K m m Motion Ayes X Abstain Motion Ayes X Abstain • • F July 21, 1983 of Newport Beach Motion was made to deny Use Permit No. 3043 with the Findings of Exhibit "A ", which MOTION CARRIED. Motion was made to deny Variance No. 1102 with the Findings of Exhibit "A ", which MOTION CARRIED. FINDINGS: 1. That there are no exceptional or extraordinary circumstances applying to the land, building or use referred to in this application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district which justifies the increase of the net floor area on the site and the waiver of the additional required on -site parking. 2. That the granting of this application is not necessary for the preservation and enjoyment of substantial property rights of the applicant, since there are reasonable alternatives available to the applicant to provide adequate useable area within the existing building, and that surveillance and security can be provided in another manner without the need for an additional structure on the site which reduces the available on -site parking. 3. That the granting of such application will, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, inasmuch as the further reduction in the available on -site parking and the increase in net floor area will adversely effect the vicinity. 4. That due to existing demand for parking in the general area, the waiver of two .parking spaces in conjunction with the approval of Use Permit No. 3043 and Variance No. 1102 will be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. - 13 - MINUTES INDEX 3 July 21, 1983 �r 9 C m c °- n � 0 City VI 1 3 S.m m w t Beach Acceptance of an Environmental Impact Report for General Plan Amendment No. 82 -2 (Four Seasons) so to allow the construction of a 325 room hotel with related hotel and service facilities including ballrooms, meeting rooms, cocktail lounges and restaurants. INITIATED BY: The City of Newport Beach iR7jQ Request to amend the Newport Beach General Plan for Block 600 of Newport Center so as to allow the. construction of a 325 room Four Seasons Hotel with related hotel and service facilities including ballrooms, meeting rooms, cocktail lounges and restaurants. LOCATION: A portion of Lot 22, Tract No. 6015 located at 600 Newport Center Drive, on • the northeasterly corner of Newport Center Drive and Santa Cruz Drive, in Newport Center. III 1 1 1 1 ZONE: C -O -H APPLICANT: Four Seasons Newport Center, Newport Beach OWNER: The Irvine Company, Newport Beach INITIATED BY: The City of Newport Beach AND MINUTES INDEX AND Item AND Request to consider a Traffic Study to allow the 'Item #8 construction of a Four Seasons Hotel. LOCATION: A portion of Lot 22, Tract No. 6015 TRAFFIC located at 600 Newport Center Drive, on STUDY the northeasterly corner of Newport Center Drive and Santa Cruz Drive, in Newport Center. ZONE: M1111111 C -O -H Four Seasons Newport Center, Newport Beach The Irvine Company, Newport Beach - 14 - July 21, 1983 � r v m w City. of Newport Beach MINUTES INDEX AND I AND Request to resubdivide a portion of an existing lot item into four numbered parcels and two lettered parcels. Parcel No. 1 is for parking related to the Wells Fargo Building; Parcel No. 2 is for off -site Four Seasons Hotel parking; Parcel No. 3 is for the hotel site; Parcel No. 4 is for existing parking related to existing office /commercial uses;. Parcel. No. "A" is for a private street and Parcel "B" is for landscaping and sign purposes. LOCATION: A portion of Lot 22, Tract No. 6015 RESUB- located at 600 Newport Center Drive, on DIVISIO the northeasterly corner of Newport Center NO. 752 Drive and .Santa Cruz Drive, in Newport Center. ZONE: C -O -H • APPLICANT: Four Seasons Newport Center, Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Robert Bein, William Frost & Associates, Newport Beach AND AND Request for Planning Commission's approval of Site.Plan It Review No. 32 for the proposed 325 unit Four Seasons Hotel in Newport Center. As required by the .Newport Beach General Plan, a detailed review of the proposed site plan must be conducted to fully evaluate the GPA request and related applications. The site plan review will also determine the parking requirements by a demonstrated formula and includes the acceptance of two off -site parking agreements. This proposal also . includes modifications to the Zoning Code so as to allow the use of compact car spaces and spaces which are not independently accessible, and two oversized wall signs. I ( I I I LOCATION: A portion of Lot 22, Tract No. 6015 located at 600 Newport Center Drive, on the northeasterly corner of Newport Center Drive and Santa Cruz Drive, in Newport Center. ZONE: C -O -H - 15 - 3 z r 33�mm�m July 21, 1983 z APPLICANT: Four Seasons Newport Center, Newport Beach OWNER: . The Irvine Company, Newport Beach The public hearing opened in connection with these items and Mr. David Neish, Urban Assist,. Incorporated, representing Four Seasons Hotels Limited appeared before the Commission. Mr. Neish stated that the following applications are being requested by Four Seasons Hotels: 1) Approval of a General Plan Amendment which will allow a 325 room hotel to be developed in Block 600 of Newport Center and acceptance of the Environmental Impact Report. 2) Approval of a Resubdivision Map which will create 4 numbered parcels and 2 lettered parcels. These parcels will be for the hotel site, onsite parking, • offsite parking, landscaping and sign purposes. 3) Approval of a site plan which will provide for the new 325 room tower with related hotel facilities that include a banquet room of 6,000 sq.ft., 6 meeting rooms that total 5,225 sq.ft., a retail shop of 925 . sq.ft., dining and lounge facilities which total 7,474 sq.ft., a health club and offstreet parking requirements. The proposal also includes a modification to allow two illuminated wall signs. 4) Approval of a traffic study which will allow for the development of the Four Seasons Hotel in compliance with the City's Traffic Phasing Ordinance. Mr. Neish introduced those in attendance at this evening's meeting from Four Seasons. At this point Mr. Neish introduced Mr. Sharp, President, Chairman of the Board and Founder of Four Seasons Hotel Limited. Mr. Sharp indicated that they have come to Newport Beach to create a "world class hotel ". Their presentation is a result of many years of research, investigation and market studies relating to .Four • I I I ( I I I Seasons' desire to locate hotels in various parts of North America. - 16 - MINUTES INDEX 4. 1983 MINUTES July 21, 1983 r .o m m m m City of Newport Beach INDEX Mr. Sharp concluded that they have examined the various markets in which they wish to locate. Orange County is one of those areas. He stated that they prefer to deal with the right project at the right time as they are in the business for a long term commitment. Therefore, the selection of Newport Beach has been done with a great deal of thought, knowing full well the problems that may be encountered in terms of the time to get something done and the sensitivity the community has to developments that take place. He stated it is to the benefit of Four Seasons;; and to the City, that they have selected a site which is felt is excellent for the type of facility that they propose to build. At this time 'David Neish gave a slide presentation. Mr. Neish pointed out that a series of different types of slides will be seen. There are slides of the model, slides of the rendering, and a number of image slides which were taken of Four Seasons Hotels throughout the United States and Canada. Bill Borden, President of Newport Center Association, gave testimony recommending approval by the Association. Hans Prager, operator of the Ritz Restaurant, Newport Center, indicated that he is looking forward to a hotel of the stature of the Four Seasons locating in Newport Center and recommended its approval. Mr. Settleneck, 1436 Serenade Terrace, Corona del Mar, President of the Fashion Island 'Merchants Association and an independent merchant, stated that he hopes the Commission would recommend approval of the Four Seasons Hotel applications. Mr. Dick Marowitz, 2719 Setting Sun Drive, Corona del Mar, a businessman with stores in both Fashion Island and Westcliff Plaza in Newport Beach, Vice - President of the Newport Center Association, past President and present Board member of Fashion Island Merchants Association spoke in favor of the project. Mr. Marowitz stated that he believes that the Four Seasons will play a major role in maintaining the quality image that the City of Newport Beach and Newport Center expect. He further stated that the • hotel will add to the vitality of Newport Center. Mr. Martin Witty, #1- Pinehurst -Lane, Big Canyon, stated that he has stayed in Four Seasons Hotels in London, - 17 - ' July 21, 1983 MINUTES v � � m m m w. I City of. Newport Beach INDEX Washington D.C., New York, and San Francisco. He indicated that the service is unsurpassed and it would be his pleasure to point with pride to a world class hotel in Newport Beach. It is quality that is unsurpassed and as a taxpayer he looks forward to participating in the benefits of the additional $1,000,000 in revenue from the hotel. Mr. Jack Growth, 6 Rue St. Cloud, Big Canyon, stated that as a nearby resident and one who would be most affected, he would like ..to see the Commission take a longer look at this request, especially the traffic impacts. Mr. David Neish made conclusionary remarks and responsed to Mr. Growth's comments. He stated that there has been a most thorough review by the City of Newport Beach of all impacts including traffic. Mr. Neish further stated that there are no significant environmental impacts associated with this proposal. • The financial benefits to the City are a net surplus of an estimated $1,000,000 per year. As far as traffic is concerned the proposal generates only 3,250 trips. As a result, with only two system improvements, this project passes the Traffic Phasing Ordinance. At this point Mr. Neish asked for clarification and took issue of some of the Conditions proposed by staff. Listed below are the Conditions and the Four Seasons response to them. 1. Condition No. 13 (Page 20): The intent to this condition is not understood by Four Seasons and is questioned. However, after discussions with City staff, Four Seasons will not object and will accept the Condition of Approval. 2. Condition No. 29 (Page 22): Mr. Neish requested, that this condition be modified to be consistent with page 94 of the EIR where 'it is pointed out (documentation from the Orange County Transit District to the City) that shelters should be provided, but bus turnouts are not necessary unless on- street bus stops are banned throughout Newport Center. • 3. Conditions No. 40, 41, 42 (Pages 23 and 24): Mr. Neish requested that these conditions be deleted as an exhaustive study was done by a traffic consultant that was retained by the City of coke.] i r 9 m m c a n m o Ha N m m 2 w July 21, 1983 7 MINUTES � I INDEX Newport Beach, Mr. Weston Pringle, which indicates that they are not needed. 4. Condition No. 33 (Page 29): Mr. Neish stated that Four Seasons feels that signs are most justified where staff feels they are not. Hotels rely on some identification because their guests do not come to .the facility on a frequent basis. Additionally, the Four Seasons logo is very important to the traditions of the hotel. Four Seasons will continue to work with staff to insure that they are tastefully done and create least impact that they possibly can. Chairman King suggested that the Commission take into consideration the testimony, the letters that have been written, the backup materials, the questions that the Commission has asked of staff and suggested a continuance of this item. Commissioner Balalis asked staff to comment on the • conditions that the applicant's representative brought to Commission's attention. Commissioner Balalis also asked staff to give their rationale on the traffic signals they are suggesting be required. In response to a question posed by Chairman King, Mr. Nolan, Public Works Director stated that he believes it might be most productive to provide a written response to those comments and have it available for the Commission at the next meeting. Mr. Hewicker asked Mr. Neish whether staff has been provided some kind of conceptual details as to how the signs are to be placed on the sides of the building and their illumination. In response to Mr. Hewicker's . question, Mr. Neish stated that the sign designs were going to be accomplished as they appear on the elevation. No plans have been submitted to staff as to how they will be internally illuminated. Commissioner Balalis asked that Mr. Neish provide the Commission with a slide or photograph of one of the other hotel signs similar to the proposed signs. In response to a question posed by Commissioner Person, . Planning Director Hewicker stated that a comprehensive Planned Community Development Plan of Newport Center is something that has been suggested over the past several years. Mr. Hewicker further stated that it would be - 19 - • Motion All Ayes July 21, 1983 � r y m m IN 6 0 ° F. I City of Newport Beach difficult to prepare a comprehensive Planned Community Development Plan just affecting this portion of Newport Center. At a staff level the preparation of a Planned Community Plan on a block by block basis, has been discussed in a conceptual form. Commissioner Person also asked staff to report on what effect the elimination of compact parking spaces would have on the total number of parking spaces that could be provided. Commissioner Winburn asked Mr..Hewicker to more clearly define the assumptions for the Commission. Commissioner Person asked staff to determine if the projections contained in the economic analysis take into consideration increases in revenue from surrounding businesses. In response . to Commissioner Person's request, Mr. Hewicker stated that an answer could be provided by the applicant. Chairman King made a motion to continue Items No. 6, 7, X X X X K 8, 9 and 10 to August 4, 1983, which MOTION CARRIED. x,e The Planning Commission recessed at 10:10 p.m. and reconvened at 10:20 p.m. Request to permit the addition of a second floor to an existing single family residence located in the R -2 District. Said proposal will increase the existing nonconforming conditions of the property inasmuch as the project will increase the gross floor area beyond the allowable 2.0 times the buildable area of the site; provide less than the required amount of open space and to permit that open space which is provided to maintain a dimension of less than 6 feet; and a modification to the Municipal Code is also requested inasmuch as the proposed additions will encroach into the required front and rear yard setback areas. . LOCATION: Portions of Lots No. 7 and 8, Block 233, Lake Tract, located at 314 - 34th Street, on the southeasterly corner of 34th Street and Marcus Avenue, in West Newport. - 20 - MINUTES INDEX Item #11 VARIANCE NO. 1101 MINUTES x July 21, 1983 � r S m m City of Newport Beach ZONE: R -2 INDEX APPLICANT: Christopher Colvin, Newport Beach OWNER: Same as applicant The public hearing opened in connection with this item and Mr. Christopher Colvin, the applicant, appeared before the Commission and requested approval of this matter. Mr. Pierce, a resident of 3311 Marcus came 'forth to the Commission stating he had no objections with Mr: Colvin's request. Mr. Bill Laycock, Current Planning Administrator, stated that in 1963, Variance No. 725 was approved which allowed a 4' front yard setback and a 4' rear setback on property located at 3111 Marcus. . In response to a question posed by Chairman King, Mr. Hewicker stated that the fireproofing could be concrete block, plaster or a stud wall with a specific thickness. Motion JXJXJXJx I Motion was made for the approval of Variance No. 1101, All Ayes X subject to the Findings and Condition,.of Exhibit "A ", which MOTION CARRIED. FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district inasmuch as the requested variance to exceed the allowable buildable area of the site is necessary on the subject "half -lot" to provide the required off - street parking and adequate liveable area. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. • 3. That the granting of this application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of - 21 - MINUTES July 21, 1983 r S m m City of Newport Beach INDEX the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood inasmuch as floor area adequate open space is being provided within the buildable area of the site, and the parking requirement of two spaces is being met. 4. That the proposed front, and rear yard encroachments 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 improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. • 1 1 1 1 1 1 1 1 CONDITION: 1. That development shall be in substantial conformance with the approved plot plan, 'floor plans, and elevations. * *x Request to amend a previously approved Use Permit that permitted a 74 bed nursing home in the M -1 -A District so as to permit the construction of accessory buildings for laundry and storage uses, and a rehabilitation center; and to permit required parking spaces to be permitted to encroach to within two feet of the front property line where Use Permit No. 689 required that . all parking spaces must maintain a 20 foot setback from the front property line. A Modification to the Zoning Code is also requested, inasmuch as a proposed.addition encroaches to a side property line where a 10 foot side yard setback is required. LOCATION: A portion of Lot No. 614, First Addition, USE PERMIT Newport Mesa Tract, located at 1555 NO. 689 Superior Avenue, on the northwesterly side (Amended) • of Superior Avenue, between Placentia Avenue and Sixteenth Street, adjacent to the west Newport Triangle. ZONE: M -1 -A - 22 - July 21, 1983 Loll APPLICANT: OWNER: MINUTES • � O INDEX Newport Convalescent Center, Newport Beach American Health Centers, Newport Beach Mr. Don Rasmussen, Architect, representing the applicant, stated that the request is part of a general renovation project of the facility including resurfacing exterior walls and landscaping to generally beautify the entire property. In response to a question posed by Chairman King, Mr. Rasmussen stated that there were no questions regarding the Findings and Conditions provided by staff. Mr. Rasmussen, also stated that the housekeeping personnel that currently handle the linen can attend the laundry equipment at the same time. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that there are two mobile home parks adjacent to the subject • property. In response to a question posed by Commissioner Kurlander, Mr. Ron Millett, 26451 Harbor Drive, San Juan Capistrano, stated that the maximum hours of operation of the laundry facility would be from 8:00 a.m. to 8:00 P.M. In response to a question posed by .,Chairman King, Mr. Millett stated that he could not increase his patient occupancy without getting approval from the State Department of Health. He indicated that they only have room for only 74 patients and they would have to come to the. Planning Commission to add a structure for more beds. In response to a question posed by Commissioner Goff, Mr. Millett stated that the location of the laundry room was strictly functional; not only to the function of the laundry and the trash, but also to patient use. The courtyard areas are landscaped and are going to be maintained for patient use and it would not be feasible to mix the function of a housekeeping use into that area. Mr. Millett also stated that the proximity of the dumpster location is such that the trash can be easily picked up without having to wheel dumpsters from • the garden area out to the front where they can be picked up. Also, there will be occasion to deliver linens to the facility, which can be delivered at the southerly parking area. -23 - 5 m c m m July 21, 1983 Loll APPLICANT: OWNER: MINUTES • � O INDEX Newport Convalescent Center, Newport Beach American Health Centers, Newport Beach Mr. Don Rasmussen, Architect, representing the applicant, stated that the request is part of a general renovation project of the facility including resurfacing exterior walls and landscaping to generally beautify the entire property. In response to a question posed by Chairman King, Mr. Rasmussen stated that there were no questions regarding the Findings and Conditions provided by staff. Mr. Rasmussen, also stated that the housekeeping personnel that currently handle the linen can attend the laundry equipment at the same time. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that there are two mobile home parks adjacent to the subject • property. In response to a question posed by Commissioner Kurlander, Mr. Ron Millett, 26451 Harbor Drive, San Juan Capistrano, stated that the maximum hours of operation of the laundry facility would be from 8:00 a.m. to 8:00 P.M. In response to a question posed by .,Chairman King, Mr. Millett stated that he could not increase his patient occupancy without getting approval from the State Department of Health. He indicated that they only have room for only 74 patients and they would have to come to the. Planning Commission to add a structure for more beds. In response to a question posed by Commissioner Goff, Mr. Millett stated that the location of the laundry room was strictly functional; not only to the function of the laundry and the trash, but also to patient use. The courtyard areas are landscaped and are going to be maintained for patient use and it would not be feasible to mix the function of a housekeeping use into that area. Mr. Millett also stated that the proximity of the dumpster location is such that the trash can be easily picked up without having to wheel dumpsters from • the garden area out to the front where they can be picked up. Also, there will be occasion to deliver linens to the facility, which can be delivered at the southerly parking area. -23 - MINUTES ' July 21, 1983 m 3 m m m City of Newport Beach ROIL CAL 1 1 1 1 1 1 1 1 !INDEX 1 • Mr. Raymond Totah, owner of the Ebb Tide Mobile Home Park, at the rear.of the property, stated that most of the square .footage of this project is going-,to be placed on the enclosed space in the back, and since the construction is going to be stucco, it will create a fire hazard for the mobile home at the rear of the site. Due to the age of the residents in the convalescent hospital, constant loud noise also seems to be a factor. Mr. .Roland Peterson, 129 East Bay Avenue, Newport Beach, owner of the Harbor Mobile Home Park, adjacent to the convalescent hospital, appeared before the Commission. Mr. Peterson stated that over the years there have been several different owners of the hospital. They have built a lean -tor onto the hospital over the driveway. When delivery trucks and trash trucks make their pick -ups, they encroach on the Harbor Mobile Home Park driveway. Mr. Peterson further stated that he would like to see the applicant using their own driveway. Dr. Donald McGillis, M.D., involved with Orange County Professional Standards Review Organization to Quality Assurance, and a physician /advisor for Hoag Hospital Quality Assurance Utilization Review, appeared before the Commission. Dr. McGillis stated that there is increasing governmental and private insurance pressure to shorten acute hospital stays and it is felt that it is mandatory that communities develop adequate rehabilitation programs and facilities to continue the services that are started in an acute hospital. Notion JJJ JJJJ Motion was made to continue Use Permit No. 689 to All Ayes x x X x August 4, 1983 so as to give the applicant time to submit additional information requested by the Commission, which MOTION CARRIED. Wxx Request to establish a take -out ice cream shop in Item existing space in the Balboa Inn complex in the C -1 -Z District, and to waive all of the required off - street parking spaces for said use. LOCATION: Lots No. 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 - 24 - MINUTES July 21, 1983 C � � m m CL 3 Z' A ' City of Newport Beach INDEX APPLICANTS: Newell and Carolyn Chesterton, Costa Mesa OWNER: Chien Shan Wang, Balboa The public hearing opened in connection with this item, and Mr. & Mrs. Newell Chesterton, 105 Main St., Balboa, applicants, appeared before the Commission. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that there is no parking on this property. The Balboa Inn buys 66 in -lieu parking spaces in the municipal lot. Based upon the size and the configuration of the Balboa Inn, the amount of retail space in the building, and the number of rooms, the Inn was required to purchase 66 permits. In response to a question posed by Chairman King, Mr. Chesterton stated that the hours of 10:00 a.m. to 10:00 p.m. are agreeable. Motion X Motion was made for approval of Use Permit No. 3045, All Ayes X X X X y,X X subject to the Findings and Conditions contained in Exhibit "A" of the staff report, which MOTION CARRIED. FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and the ,adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to circulation, walls, landscaping, parking lot illumination, utilities, and the required parking spaces, will not be detrimental to adjoining properties. 4. The Police Department has indicated that they do not contemplate any problems. 5. The approval of Use Permit No. 3045 will not under • the circumstances of the 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. -25- 3 x r i v m m c ° °m?a7c Gfy 0 July 21, 1983 Loll CONDITIONS: MINUTES Beach INDEX 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That all trash shall be stored in the building until scheduled trash pick -up occurs. 3. That a trash compactor shall be installed in conjunction with the proposed use. 4. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 5. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and parking spaces shall be waived. 6. That the ice cream facility shall be limited to the hours of 10:00 a.m. to 10:00 p.m, daily. 7. That trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 8. That no cooking, or any food preparation other than ice cream and related products, shall be permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. Said amendment could require. the Addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. 9. That the premises shall be kept clean and regularly maintained. 10. That this approval shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. Request to change the operational characteristics of an existing delicatessen in the C -1 District so as to • establish a take -out restaurant facility with on -sale and off -sale beer and wine, incidental seating, and a waiver of all of the on -site parking spaces required for said restaurant use. - 26 - MINUTES July 21, 1983 ZE n 7C v m m 3 m m . City of Newport Beach ROLL CALL INDEX LOCATION: Lot No. 11, Block 9, Balboa Tract, located - Us at 704 East Balboa, Boulevard, on the NO northeasterly corner of East Balboa Boulevard and Washington Avenue in Central Balboa. ZONE: C -1 APPLICANTS: Herman L. and Norma E. Ross, Balboa OWNER: Mellvine Fuchs,'Balboa The public hearing opened in connection with this item, and Mr. Herman Ross, sole proprietor of Herm 'n Helens Deli appeared before the Commission. Mr. Ross stated that he did purchase four (4) parking stickers and if he showed proof, would it be acceptable to the Commission? - • In response to a question posed by Planning Director Hewicker, Mr. Ross stated that he has four (4) photostatic copies of receipts issued by the Finance Department and two originals. Commissioner Balalis stated that there are two different types of fees being talked about for this request. One is in -lieu parking fees and the other is parking sticker permits. Commissioner Balalis further stated that since Mr. Ross purchased parking spaces for this year, he thinks that in order to be fair about it, if this request is approved, the Commission should not require him to provide four (4) in -lieu fees for this year. However, for next year he should be required to do whatever other merchants who are currently providing in -lieu parking fees do. Commissioner Goff stated that he, to some extent, supports what Commissioner Balalis said. Commissioner Goff further stated that the Commission has required a number of in -lieu parking spaces equal to the number of employees. There is some question as to whether or not some of these take -out restaurant establishments are destination points but, for some people it is a destination point. It is a destination point for the employees, so a number of in -lieu .parking spaces equal • to the number of employees has been a reasonable compromise. By providing parking passes instead of in -lieu parking spaces the City is limiting the people who can take advantage of the blue- metered parking - 27 - N July 21, 1983 i m m m a m City of Newport Beach spaces to just the employees or whoever the .applicant issues a parking sticker to. In response to a question posed by Commissioner Person, Mr. Hewicker stated that the goal of the City's in -lieu parking program is to try and provide revenue whereby the City may eventually purchase additional property and provide more parking spaces. Motion X Motion was made for approval of Use Permit No. 3046, subject to the Findings and Conditions of Approval of Exhibit "A" that permits on -sale beer and wine and prohibits off -sale beer and wine with the exception that Condition No. 12 be that the applicant be required to pay for three (3) in -lieu parking spaces based on the current City rate for in -lieu parking spaces for the 1983 year because of the parking stickers that he has bought for the year, and in the future years be required to pay for four (4) in -lieu parking spaces. stitute Substitute Motion was made that this use permit be Won x approved subject to the Findings and Conditions contained in Exhibit "A ", except that Condition No. 12 be stricken completely. Chairman. King stated that with respect to Commissioner Person's Substitute Motion this item will be coming back in one year to the Modifications Committee for review. Ayes X Commissioner Person's Substitute Motion was now voted Noes X X X X X X on, which SUBSTITUTE MOTION FAILED. Substitute A Second Substitute Motion was made for approval of the Motion X original motion and that in Condition No. 12 the applicant does not pay any additional in -lieu fees this . year and that next year he provides for in -lieu parking spaces. Ayes X X X Commissioner Balalis's Substitute Motion was now voted Noes X X X X on, which SUBSTITUTE MOTION FAILED. . Ayes : X X X Commissioner Goff's original motion to approve Use Noes X X Permit No. 3046, subject to the Findings and Conditions Abstain X of Exhibit "A" with the amended Condition No. 12 was now voted on, which MOTION CARRIED. r 1 L I CEP: MINUTES INDEX M v m a c °� zu�Qci a_ July 21, 1983 on FINDINGS: MINUTES t Beach INDEX 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Costal Program Land Use Plan, and is compatible with surrounding land uses. 2. The 'project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to a portion of the parking, parking lot illumination, circulation, walls, landscaping and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 4. The approval of Use Permit No. 3046 will not, under the circumstances of this case be . detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan and elevation. 2. That the. development standards related to a portion of the required offstreet parking spaces, parking lot illumination, building setbacks, circulation, walls, landscaping, and utility requirements are waived. 3. That the hours of operation shall be limited from 10:30 a.m. to 9 :30 p.m. daily. 4. That the serving of beer and wine shall be incidental to the primary function of providing food service. • I I I I ] I 5. That all signs shall conform with Chapter 20.06 of I the Newport Beach Municipal Code. 29 - July 21, 1983 of Newport Beach 6. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the South Coast Air Quality Management District if required by the Building Department. 7. 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 storm drains. if required by the Building Department. 8. 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 if required by the Building Department. 9. That in c permit for • "off- sale" ermined onsideration of the approval of this an "on- sale" beer and wine license, an alcoholic license shall not be in the restaurant facility in the 10. That all trash containers shall be screened from view from adjacent properties and from the public alley or street. 11. That this approval shall be for a period of one year, and any extension shall be subject to the approval of the Modifications Committee. 12. That the applicant shall be required to pay for three (3). in -lieu parking spaces based upon the current City rate for in -lieu parking spaces for 1983, and in future years, be required to pay for four (4) in -lieu parking spaces. xxye Request to permit the construction of two, two -unit residential condominium projects and related garage spaces on adjoining lots located in the R -2 District. AND Request to create two parcels of land for residential condominium development where two parcels presently exist. - 30 - MINUTES INDEX AND A g v m m 0 July 21, 1983 of Newport Beach 6. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the South Coast Air Quality Management District if required by the Building Department. 7. 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 storm drains. if required by the Building Department. 8. 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 if required by the Building Department. 9. That in c permit for • "off- sale" ermined onsideration of the approval of this an "on- sale" beer and wine license, an alcoholic license shall not be in the restaurant facility in the 10. That all trash containers shall be screened from view from adjacent properties and from the public alley or street. 11. That this approval shall be for a period of one year, and any extension shall be subject to the approval of the Modifications Committee. 12. That the applicant shall be required to pay for three (3). in -lieu parking spaces based upon the current City rate for in -lieu parking spaces for 1983, and in future years, be required to pay for four (4) in -lieu parking spaces. xxye Request to permit the construction of two, two -unit residential condominium projects and related garage spaces on adjoining lots located in the R -2 District. AND Request to create two parcels of land for residential condominium development where two parcels presently exist. - 30 - MINUTES INDEX AND A r1 U Motion All Ayes • July 21, 1983 F m v m m w. City, of Newport Beach j O LOCATION:. Lots No. 20 and 22, Block 637, Corona del Mar Tract, located at 618 and 620 Jasmine Avenue, on the southwesterly corner of Jasmine Avenue and 4th Street, in Corona del Mar. ZONE: R -2 APPLICANT: Jasmine Del Mar, Newport Beach OWNER: Same as applicant ENGINEER: Gregory Cook, Costa Mesa The public hearing opened in connection with these items, and Agenda Items No. 15 and 16 were heard concurrently due to their relationship. Mr. Greg Cook, Project Civil Engineer, 3303 Harbor Blvd., Costa Mesa, representing Jasmine Del Mar, appeared before the Commission and requested approval of these items. Mr. Cook commented on Conditions No. 6 and 7 for Resubdivision no. 753 in Exhibit "A" of the staff report. After discussion, Public Works Director Nolan indicated that the existing wording for said conditions are appropriate. Motion was made X X X X X 3047, subject to in Exhibit . "A" CARRIED. FINDINGS: for the approval of Use Permit No. the Findings and Conditions contained of the staff report, which MOTION 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. - 31 - MINUTES INDEX 3 � � r � � m c@ m a x 0 a July 21, 1983 M t Beach MINUTES � ;roe � ■ ■ ■ ■ ■ ■■ � 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, 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 development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as may be noted below. • 2. That the required 5 ft. rear year setbacks on both lots shall be maintained. 3. That all conditions of approval of Resubdivision No. 753 be fulfilled. Motion Motion was made for the approval of Resubdivision All Ayes x X X x K X X No. 753, subject to the Findings and Conditions contained in Exhibit "A" of the staff report, which 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 subdivision. - 32 - �A • v m m 3 0 July 21, 1983 M CONDITIONS: MINUTES • INDEX 1. That a parcel map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a ,standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements 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 be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. • 5. That a 10- foot- radius corner. cutoff at the corner of Jasmine and 4th Avenue be dedicated to the public. 6. That a 4- foot -wide sidewalk be installed along the 4th Avenue frontage and that the existing damaged and displaced curb and gutter be replaced. 7. That the existing shrubs in the parkway that impair sight distance be removed. 8. That the existing retaining wall along 4th Avenue be removed or repaired. 9. That the portions of the existing 4th Avenue driveway and approach which are not needed for the new driveway be removed. 10. That the planter wall, curbing and steps in the public parkway along 4th Avenue be removed. I I I I I I Request to permit the establishment of hand washing, waxing, and detailing of automobiles in portable structures on a temporary basis in the P -C District. • V I I I The proposal also includes a ground, identification sign adjacent to East Coast Highway. - 33 - X v m c s a x 0 ro C - • Motion i1 U July 21, 1983 Beach LOCATION:. Parcel No. 1 of Parcel Map No. .108 -45 -46 (Resubdivision No. 560), located at 2166 East Coast Highway, on the northerly side of East Coast Highway, between Newport Center Drive and MacArthur Boulevard, in Newport Village. ZONE: P -C APPLICANT: Paul H. Tostberg, Newport Beach OWNER: The Irvine Company, Newport Beach The public hearing opened in connection with this item, and Mr. Paul Tostberg, 224 Via Ithaca, the applicant, stated that he feels he can satisfy all the requirements the City may have for him to do business in that location and that their main objection seems to be the appropriateness of the use at this particular location on East Coast Highway. In response to a question posed by Chairman King, Mr. Tostberg. stated that he would certainly agree with the Commission as to a time certain pending a second review of the operation. In response to a question posed by Commissioner Balalis Mr. Tostberg stated that in regards to screening he would like provide some medium sized shrubs or trees in large pots that can be located in the paved area and perhaps some landscaping along the sides of the site to beautify the area. Planning Director Hewicker stated that if this use permit is to be approved, the Commission needs to make some distinction on Condition No. 16, which could be worded to say: Restroom facilities shall be provided as required by the Uniform Building Code. Mr. .Hewicker further stated that the Commission needs to distinguish whether or not they are going to require a portable type of restroom facility that can be removed from the site or whether it will be a fixed improvement. Motion was made for approval of Use Permit No. 3048, subject to the Findings and Recommended Conditions in Exhibit "B ", including that if approved, Use Permit No.-3048 be for a period of one year and that the restroom facility be permanent and not a temporary nature. - 34 - MINUTES INDEX r- x �e r- v m 3 � July 21, 1983 zi MINUTES INDEX Amendment X Amendment to the motion was made to Chairman King's motion stating that if Use Permit No. 3048 is approved, it be brought back to the Planning Commission for review and not the Modifications Committee. Chairman King accepted this as an amendment to his motion. Amendment X A second amendment was made to include the landscaping indicated by the applicant. Chairman King also accepted this as an amendment to his motion, subject to the 'Findings and Conditions of Exhibit "B ". Motion The amended motion for approval of Use Permit No. 3048 Ayes X X was now voted on as follows, which AMENDED MOTION Noes X X X1 CARRIED. FINDINGS: 1. The proposed development is consistent with the General Plan and is compatible with existing and proposed land uses in the surrounding area. • 2. Adequate parking has been provided for the proposed development. 3. The project will not have any significant environmental impact. 4. The Police Department has indicated that they do not contemplate any problems with the proposed development. 5. The approval of Use Permit No. 3048 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: V I I I I 1. That development shall be in substantial conformance with the approved plot plan, floor plan and elevations except as noted below. . 2. That the operation shall be limited to the washing, detailing and waxing of automobiles, and shall be conducted entirely within the enclosed canopies. - 35 - n U • July 21, 1983 of Newport Beach 3. That the entire site shall be maintained in a .clean and orderly manner. 4. That the temporary structures shall be removed from the site and the premises shall be restored to its former condition upon the termination of the proposed use on the site. 5. That a metered connection to the City water system be made and that the connection be approved by the Utilities Department, 6. That the wash rack area be raised 6" above the parking lot with a 6" curb surrounding three sides of the area and that it have a permanent cover extending at least 2 feet outside the curbed area. The drain shall be connected to the sewer and have a grease trap. The design and installation of the above facilities shall be approved by the Utilities Department. 7. That a $500 cash bond be posted prior to the issuance of a Building permit to insure that when the cover is removed, that the sewer line is properly abandoned. The cash bond will be refunded at the time the sewer lateral is properly abandoned, or connected to a permanent structure and if City forces are not required to perform the work. 8. That this approval shall be for a period of one year, and any extension shall be approved by. the Planning Commission. 9. That any improvements constructed by the applicant within the East Coast Highway right -of -way shall be removed at the applicant's expense prior to the commencement of the widening of East Coast Highway. 10. That an Encroachment Permit approved by the Public Works Department shall be obtained prior to the installation of the subject sign. 11. That the car wash area be enclosed on the top and all sides so as to prevent rain water from entering the sewer system. 12. That all structures shall maintain the setbacks required by the Uniform Building Code. - 36 - MINUTES INDEX � r v m m n U • July 21, 1983 of Newport Beach 3. That the entire site shall be maintained in a .clean and orderly manner. 4. That the temporary structures shall be removed from the site and the premises shall be restored to its former condition upon the termination of the proposed use on the site. 5. That a metered connection to the City water system be made and that the connection be approved by the Utilities Department, 6. That the wash rack area be raised 6" above the parking lot with a 6" curb surrounding three sides of the area and that it have a permanent cover extending at least 2 feet outside the curbed area. The drain shall be connected to the sewer and have a grease trap. The design and installation of the above facilities shall be approved by the Utilities Department. 7. That a $500 cash bond be posted prior to the issuance of a Building permit to insure that when the cover is removed, that the sewer line is properly abandoned. The cash bond will be refunded at the time the sewer lateral is properly abandoned, or connected to a permanent structure and if City forces are not required to perform the work. 8. That this approval shall be for a period of one year, and any extension shall be approved by. the Planning Commission. 9. That any improvements constructed by the applicant within the East Coast Highway right -of -way shall be removed at the applicant's expense prior to the commencement of the widening of East Coast Highway. 10. That an Encroachment Permit approved by the Public Works Department shall be obtained prior to the installation of the subject sign. 11. That the car wash area be enclosed on the top and all sides so as to prevent rain water from entering the sewer system. 12. That all structures shall maintain the setbacks required by the Uniform Building Code. - 36 - MINUTES INDEX July 21, 1983 Z] Beach MINUTES • tion Ayes 13. That the facility shall not be open for business prior to 7:00 a.m, or after 6:00 p.m. 14. That all employees shall park on -site at all times. 15. That foundations be constructed for each temporary building as set forth in the Uniform Building Code, 1979 Edition, or as otherwise required by the Building Department. 16. Restroom facilities shall be provided as required by the Uniform Building Code. Said restroom facilities shall be permanent (i.e., no portable sanitation stations). 17. A landscape plan shall be prepared by the applicant and be approved by the Planning Department. Said plan shall include the partial screening of the buildings on the property. The landscaping shall be installed in accordance with the approved plan, and be continuously.maintained. Request to construct an accessory gazebo structure within the front one -half of the lot located in the R -1 -B District. LOCATION: Lot No. 72, Tract No. 6634, located at 1501 Keel Drive, on the westerly side of Keel Drive between Inlet Drive and Heron Way in Harbor View Hills. ZONE: R -1 -B APPLICANTS: Mr. and Mrs. Kent Boom, Newport Beach OWNERS: Same as applicants Discussion opened in connection with this item and Mr. Jerry Auf, representing Mr. Kent Boom stated that he has no objections to staff's Findings and Conditions of Approval. X Motion for approval of Planning Commission Review was. X X X X X made, subject to the Findings and Conditions contained in Exhibit "A" of the staff report, which MOTION CARRIED. - 37 - COMMISSION g r $ m 3 m c m m July 21, 1983 Z] Beach MINUTES • tion Ayes 13. That the facility shall not be open for business prior to 7:00 a.m, or after 6:00 p.m. 14. That all employees shall park on -site at all times. 15. That foundations be constructed for each temporary building as set forth in the Uniform Building Code, 1979 Edition, or as otherwise required by the Building Department. 16. Restroom facilities shall be provided as required by the Uniform Building Code. Said restroom facilities shall be permanent (i.e., no portable sanitation stations). 17. A landscape plan shall be prepared by the applicant and be approved by the Planning Department. Said plan shall include the partial screening of the buildings on the property. The landscaping shall be installed in accordance with the approved plan, and be continuously.maintained. Request to construct an accessory gazebo structure within the front one -half of the lot located in the R -1 -B District. LOCATION: Lot No. 72, Tract No. 6634, located at 1501 Keel Drive, on the westerly side of Keel Drive between Inlet Drive and Heron Way in Harbor View Hills. ZONE: R -1 -B APPLICANTS: Mr. and Mrs. Kent Boom, Newport Beach OWNERS: Same as applicants Discussion opened in connection with this item and Mr. Jerry Auf, representing Mr. Kent Boom stated that he has no objections to staff's Findings and Conditions of Approval. X Motion for approval of Planning Commission Review was. X X X X X made, subject to the Findings and Conditions contained in Exhibit "A" of the staff report, which MOTION CARRIED. - 37 - COMMISSION 3 � � r vm m July 21, 1983 MINUTES itv of Newport Beach FINDINGS: INDEX 1. That the proposed development is consistent with the General Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The location of the proposed accessory structure will not be detrimental to adjoining property. 4. The Planning Commission has approved the elevation and location of the accessory building. 5. The proposed development will not obstruct views from adjacent residential property. . 6. The Architectural Control Committee of the Harbour View Hills South Association has approved the • plans. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and elevations. 2. That a building permit shall be issued for all new construction. ,txx ADDITIONAL BUSINESS Chairman King mentioned the new item for reports from the Ad HOC Committees on the agenda. Chairman King . asked that in the future a few statements be given so that the Planning Commissioners can be kept informed of the on -going Committee work before them. •x� Motion JJJJ [ [ [I Motion was made for an excused absence,of Commissioner 1 Ayes X X X X Balalis from the Planning Commission meeting of August 4, 1983, which MOTION CARRIED. 11 1 M ' July 21, 1983 � r MINUTES ROLL CALL I III III I I INDEX There is a Joint City meeting on Monday, July 25, Council /Planning Commission 1983 at 2:00 p.m. Planning Director Hewicker stated that he has written a few letters. One regarding some violations of A. T. Leo's, a letter regarding some use permit violations at "The. Park" Restaurant at East Coast Highway and Carnation Avenue, and a letter regarding E. Gads Restaurant. Also, the Planning Department is recommending to the City Council on the evening agenda that another General Plan Amendment be initiated pertaining to low and moderate income housing. There being no further business, the Planning Commission adjourned at 12 :20 a.m. . James Person, Secretary City of Newport Beach Planning Commission 39 dCity. of N MINUTES ROLL CALL I III III I I INDEX There is a Joint City meeting on Monday, July 25, Council /Planning Commission 1983 at 2:00 p.m. Planning Director Hewicker stated that he has written a few letters. One regarding some violations of A. T. Leo's, a letter regarding some use permit violations at "The. Park" Restaurant at East Coast Highway and Carnation Avenue, and a letter regarding E. Gads Restaurant. Also, the Planning Department is recommending to the City Council on the evening agenda that another General Plan Amendment be initiated pertaining to low and moderate income housing. There being no further business, the Planning Commission adjourned at 12 :20 a.m. . James Person, Secretary City of Newport Beach Planning Commission 39