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HomeMy WebLinkAbout08/20/1987COMMISSIONERS y 1 m (' Z �o 9At� IrN 9 9Z � 0 � 1 Presei Motios All A, REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7 :30 p.m. DATE: August 20, 1987 CITY OF NEWPORT BEACH MINUTES M =�L. INDEX it x x K N x x x All Commissioners were present. * * * EX- OFFICIO OFFICER PRESENT: Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Manager Patricia Temple, Principal Planner Don Webb, City Engineer Dee Edwards, Secretary Minutes of August 6, 1987: Minutes of Commissioner Pomeroy referred to page 8, third August 6, paragraph, of the August 6, 1987, Planning Commission 1987 Minutes and he requested that his statement be amended to read: "Mr. Webb concurred with Commissioner Pomeroy's statement that....." instead of "Commissioner Pomeroy summarized...... ". Motion was made to approve the amended August 6, 1987, les Planning Commission Minutes. Motion voted on, MOTION CARRIED. * * * Public Comments: Public. Comments No persons came forth to speak on non - agenda items. * * * Posting of the Agenda: Posting of the Agenda Current Planning Manager William Laycock stated that the Planning Commission Agenda was posted on Friday, August 14, 1987, in front of City Hall. * * * COMMISSIONERS �NO0m dG yo99���y'bi. Motion Ayes MINUTES August 20, 1987 CITY OF NEWPORT BEACH INDEX William Laycock, Current Planning Manager, stated that Request the applicant, the German Home Bakery, has requested for that Item No. 1, Use Permit No. 1738 (Amended), located Continuance at 3412 Via Oporto, be withdrawn. Mr. Laycock further stated that staff has recommended that Item No. 2, Use Permit No. 3275, regarding portable food carts and an outdoor flower stand within Lido Marina Village be removed from calendar; Item No. 3, Use Permit No. 3284 regarding a take -out restaurant located at 3423 Via Lido, and Item No. 4, a Traffic Study, Use Permit No. 3278, Resubdivision No. 849 located at 4101 Jamboree Road regarding the construction of a Taco Bell take -out restaurant be continued to the September 10, 1987, Planning Commission Meeting; and that the applicant, Martha Webb, has requested that Item No. 5.,_ Resubdivision 851, located at 2218 - 22nd Street, be removed from calendar. Motion was made to remove Item No. 2, Use Permit No. 3275 from calendar, and to continue Items No, 3, Use Permit No. 3284 and No. 4, the Traffic Study, Use Permit No. 3278, and Resubdivision No. 849 to the September 10, 1987, Planning Commission meeting. Motion voted on, MOTION CARRIED. Use Permit No. 1738 (Amended)(Continued Public Hearing) Item No.l Request to amend a previously approved use permit that UP1738A permitted the, establishment of a take -out bakery - restaurant facility on property located in the C -1 -H Withdrawn District. Said approval also included a waiver of a portion of the required off - street parking spaces. The proposed amendment involves a request to expand the existing business into adjoining commercial space with a separate entrance in Lido Marina Village. The proposal also includes a request to waive the addi- tional required off - street parking spaces. LOCATION: Parcel No. 1 of Parcel Map 59 -17 ( Resubdivision No. 416), located at 3412 Via Oporto, on the easterly side of Via Oporto between Central Avenue and Via Lido, in Lido Marina Village. ZONE: C -1 -H -2- COMMISSIONERS Motion All A y vy CITY OF NEWPORT BEACH MINUTES August 20, 1987 LL INDEX APPLICANT: German Home Bakery, Newport Beach OWNER: Traweek Western, Newport Beach - William Laycock, Current Planning Manager, stated that the applicant has withdrawn the subject application. x x x Use Permit No. 3275 (Continued Public Hearing) Item No.2 Request to permit the use of various outdoor portable UP3275 food carts and an outdoor flower stand within private areas of Lido Marina Village. The proposal also Removed includes a modification to the Zoning Code so as to from permit the use of compact parking spaces in the Lido Calendar Marina Village parking structure. LOCATION: Various locations in Lido Marina Vill- age, on property bounded by Newport Boulevard, Via Lido and Newport Bay. ZONE: C -1 -H - -- APPLICANT: Traweek Investment, Newport Beach OWNER: Same as applicant - - - William Laycock, Current Planning Manager, stated that staff has recommended that this item be removed from calendar. x Motion was made to remove Use Permit No. 3275 from es calendar. Motion voted on, MOTION CARRIED. x x x -3- COMMISSIONERS MINUTES yA \0a August 20, 1987 � 9f< l� o 9y CITY OF NEWPORT BEACH Motion All Aye 1 INDEX Use Permit No. 3284 (Continued Public Hearing) Item No.3 UP3284 Request to establish a take -out restaurant facility with on -sale beer and wine and seating on the inside of the restaurant building and outside in a common court - Continued yard, on property located in Via Lido Plaza in the to C -1 -H District. The proposal also includes a request 9 -10 -87 to waive a portion of the required off - street parking spaces. LOCATION: Parcel No. 1 of Parcel Map 85 -1 (Resub- division No. 516), located at 3423 Via Lido, on the southerly side of Via Lido between Newport Boulevard and Via Oporto in Via Lido Plaza. ZONE: C -1 -H APPLICANTS: Rocko's Cuisine of Lido, Inc., and the Fritz Duda Co., Balboa Island OWNER: Newport Via Lido Associates, Orange - William Laycock, Current Planning Manager, stated that the applicant has requested that this item be continued to the September 10, 1987, Planning Commission meeting. x Motion was made to continue Use Permit No. 3284 to the s September 10, 1987, Planning Commission meeting. Motion voted on, MOTION CARRIED. Item No.4 A. Traffic Study (Continued Public Hearing) TS Request to approve a traffic study in conjunction with Up3278 the construction of a drive -in and take -out restaurant facility with indoor and outdoor seating areas; and the R849 acceptance of an environmental document. Continued AND to 9 -10 -87 B. Use Permit No. 3278 (Continued Public Hearing) Request to permit the construction of a Taco Bell drive -in and take -out restaurant facility with indoor and outdoor seating areas; and a request to waive a portion of the required off - street parking spaces. -4- COMMISSIONERS MINUTES ZA�F�o���Fm August 20, 1987 9� 9 7r ayoGyf� o qy CITY OF NEWPORT BE Motion All Ayes AND INDEX C. Resubdivision No. 849 (Continued Public Hearing) Request to create one parcel of land for restaurant purposes and one parcel of land for off - street parking purposes where one parcel of land now exists. LOCATION: Parcel No. 7 of Parcel Map 82 -713 (Resubdivision No. 731), located at 4101 Jamboree Road, on the northwesterly side of Jamboree Road, northeasterly of MacArthur Boulevard in Koll Center Newport. ZONE: P -C APPLICANTS: Aetna Life Insurance Company, c/o The Koll Company, Newport Beach, and Taco_ Bell Corporation, Santa Ana OWNER: Same as applicant ENGINEER: Robert Bein, William Frost & Associates, Irvine William Laycock, Current Planning Manager, stated that the applicant has requested that this item be continued to the September 10, 1987, Planning Commission meeting. -. Motion was made to continue the Traffic Study, Use Permit No. 3278, and Resubdivision No. 849 to the' September 10, 1987, Planning Commission meeting. Motion voted on, MOTION CARRIED. * • s Resubdivision No. 851 (Continued Public Hearing) Item No .5 Request to resubdivide an existing parcel of land into R851 two parcels for single family residential purposes on — property located in the R -1 District. The proposal Removed also includes a modification to the Zoning Code so as from to allow an existing detached two car garage on Parcel No. 2 to encroach to the rear property line where the Calendar Code requires a 10 foot rear yard setback. Said garage will also encroach to within 6 feet of the front property line of the adjoining Parcel No. 1 where the Code requires that accessory buildings shall not -5- COMMISSIONERS MINUTES August 20, 1987 ydG�y��NOy9� "� 9y CITY OF NEWPORT BEACH LL INDEX project beyond the 20 foot front yard setback on said adjoining lot. LOCATION: A portion of Lot 298, Newport Heights, located at 2218 22nd Street on the northeasterly side of 22nd Street between Centella Place and Irvine Avenue. ZONE: R -1 APPLICANT: Martha Webb, Newport Beach OWNER: Same as applicant ENGINEER: Ron Miedema, Costa Mesa William Laycock, Current Planning Manager, stated that the applicant has requested that this item be removed from calendar. R * * Use Permit No. 1600 (Amended)(Continued Public Hearing) It No.6 Request to amend a previously approved use permit which UP1600A permitted the addition of live entertainment to the Rusty Pelican Restaurant with alcoholic beverages, on property located in the Mariner's Mile Specific .Plan Approved Area. The proposed amendment includes a request to change the operational characteristics of the existing restaurant so as to permit the use of valet parking. The proposal also includes a modification to the Zoning Code so as to permit the use of compact parking spaces for a portion of the required off- street parking: LOCATION: A portion of Lot H, Tract No. 919, located at 2735 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 APPLICANT: Raygal, Inc., Irvine OWNER: Elizabeth T. Winckler Trust, Monte Sereno -6- COMMISSIONERS q •p_ �'� �p Gam' 4P� ymG t� ��o�9q'OF9$% i i CITY OF NEWPORT BEACH MINUTES August 20, 1987 L INDEX William Laycock, Current Planning Manager, referred to the staff report Addendum that was distributed to the Planning Commission prior to the subject Planning Commission meeting. He said that staff has recommended the following revisions to Exhibit "A ": added Finding No. 8, regarding restaurant and employee parking on public streets; revised Condition No. 6 regarding self parking spaces; revised Condition No. 9 regarding employee parking spaces; added Condition No. 12 regarding handicapped parking spaces and added Condition No. 13 regarding valet parking. Chairman Person and Assistant City Attorney Carol Korade recommended that Condition No. 9 regarding employee parking be amended to specify on -duty employees so as to clarify the condition. Ms. Korade explained that an employee could be off -duty and still be considered an employee. The public hearing was opened in connection with this item, and Mr. Richard Vaughn, Vice President of Construction for Rusty Pelican Restaurants appeared before the Planning Commission on behalf 'of the applicant. In response to questions posed by Chairman Person, Mr. Vaughn stated that he has met with staff regarding the aforementioned finding and conditions. as revised and added to Exhibit "A ", and that the applicant concurs with the finding and conditions. Mr. Vaughn explained that he has a concern regarding Condition No. 4 requesting underground telephone lines, driveway curb cuts, and sidewalk repair, and he* said that he would be reviewing the requested improvements following the subject Planning Commission meeting.** Chairman Person advised the applicant that if the application would be approved by the Planning Commission and the applicant cannot agree to Condition No. 4 after reviewing said condition, then the applicant has 21 days in which to appeal to the City Council. In response to a question posed by Chairman Person regarding a condition, that would prohibit the valets from taking automobiles onto West Coast Highway unless the restaurant had off -site parking, Mr. Vaughn replied that the applicant would agree to said condition because the valets are not permitted to remove the automobiles from the site now. Mr. Vaughn stated that. the applicant concurs with the requested handicapped parking spaces as recommended in Condition No. 12. -7- COMMISSIONERS d 99'$y CITY OF NEWPORT BEACH MINUTES August 20, 1987 L INDEX In response to concerns posed by commissioner Merrill, Mr. Vaughn explained the parking lot's circulation which provides emergency access and adheres to the Fire Department regulations. In response to a question posed by Commissioner Winburn, Mr. Vaughn replied that the Rusty Pelican Restaurant has approximately 20 employees during the day shift and 15 employees in the evening shift. Chairman Person emphasized that Condition No. 13 states that the valets shall park vehicles of restaurant patrons only on the restaurant site and not use West Coast Highway, and he suggested that the Rusty Pelican Restaurant management cooperate with the condition inasmuch as the Planning Commission could call up the use permit for review. Mr. Vaughn commented that the restaurant's liability insurance prohibits valets from parking vehicles on West Coast Highway. He explained that the valets now close the parking lot to restaurant patrons when the parking lot is full. In response to a question posed by Commissioner Winburn regarding where the employees have been parking their automobiles, Mr. Vaughn replied that they park in the Municipal Parking Lot behind Tony Roma's Restaurant. He commented that within the restaurant, a sign has been posted that if the employees park their: automobiles in the parking lot across West Coast Highway at the Mariner's Mile shopping center,. their automobiles could be towed away. In response to questions posed by Commissioner Debay, Mr. Vaughn replied that the Rusty Pelican Restaurant has valet parking during lunch and nighttime hours of operation, and that the Ancient Mariner Restaurant does not have valet parking during the lunch hour at this time, but may be added in the future when needed. Mr. Vaughn further replied that the female employees are usually accompanied by male employees to the Municipal parking lot; however, the employees that close the restaurant at 2:00 a.m. are permitted to park their automobiles in the restaurant parking lot. There being no others desiring to appear and be heard, the public hearing was closed at this time. -8- COMMISSIONERS Motio �Z a CITY OF NEWPORT BEACH MINUTES August 20, 1987 sL INDEX Commissioner Pomeroy referred to the aforementioned revised Condition No. 9 which states "that restaurant employees and valet employees shall park their vehicles on -site, in the Municipal parking lot, or on other authorized off -site locations. Said employees shall not park their vehicles on any public street or on private property not authorized for said use. ". In response to questions that he posed regarding the last line, Ms. Korade explained that only the condition of the Use Permit could enforce the employees not to park where they would not be permitted, and that the Police Department could not ticket an employee for parking on a public street. Ms. Korade stated that the condition was intended to state "that the employees shall not park their vehicles on any public street. Said employees shall also not park their vehicles on private property not authorized for said use." Discussion followed between the Planning Commission regarding how the restriction of employees parking on public streets could be imposed. In response to a question posed by Commissioner Debay, Mr. Webb explained that the City has been requiring all new development on West Coast Highway to underground the utilities on the property frontage. n Motion was made to approve Use Permit No. 1600 (Amended) subject to the findings and conditions in. Exhibit A, including the aforementioned revised or added finding or conditions as follows: FINDING - - No. 8: That the existing on- street parking in the Mariner's Mile area is currently over utilized and that the parking of . restaurant and valet employees on public streets will further impact parking and. traffic circulation in the area. CONDITIONS: - No. 6: That a minimum of five standard size parking spaces shall be designated for self parking and shall be identified in a manner acceptable to the City Traffic. Engineer. -9- COMMISSIONERS 9y o� y CC `�92 CITY OF NEWPORT BEACH MINUTES August 20, 1987 RoLWALL INDEX No. 9: That restaurant employees and valet employees on duty shall park their vehicles on -site, in the Municipal parking lot or on other authorized off -site locations. Said employees shall not park their vehicles on any public street. Said employees shall also not park their vehicles on private property not authorized for said use. No. 12: That a minimum of two handicapped parking spaces shall be designated solely for handicapped self parking and shall be identified in a manner acceptable to the City Traffic Engineer. Said parking spaces shall be accessible to the handicapped at all times. No. 13: That valets shall park vehicles of restaurant patrons only on the restau- 0 rant site. Chairman Person referred to added Condition No. 13, and he asked the maker of the motion to amend said Amendment condition as follows: "....only on the restaurant site, and shall not for any reason, exit or enter any valet vehicles onto West Coast Highway." The maker_of the motion agreed to the amendment to Condition No. 13. Commissioner Koppelman referred to Condition No. 12 regarding handicapped parking spaces, and she inquired: as to the City's policy requiring a handicapped parking sign as well as painting a handicapped symbol on the ground. Ms. Korade referred to Section 22511.8 of the Vehicle Code that discusses the required designation for handicapped parking spaces, wherein the Code states that the designation shall be made in either of the . following ways: the posting of a sign that is visible from each stall or space designating a wheelchair and occupant, or by outlining or painting the stalls or space on the ground designating a wheelchair and occupant. Ms. Korade indicated that the interpretation of the City Traffic Engineer is that these designations are an "either" or "or" which may differ from the Police Department's interpretation. Commissioner Koppelman requested that Condition No. 12 •dment be amended to state "that such handicapped parking shall be designated in compliance with Section 22511.8 of the Vehicle Code and that such designation shall be -10- COMMISSIONERS �� �•p �'i� OAA 9�d Gy No 9, Nlr_vlo� c CITY OF NEWPORT BEACH MINUTES August 20, 1987 R01WALL INDEX approved by the Traffic Engineer after conferring with the Police Department." Mr. Webb explained that the Police Department could ticket an illegally parked vehicle in the handicapped parking spaces, but they could not have the vehicle towed away. Discussion followed between the Planning Commission and Ms. Korade regarding the handicapped parking requirements. Commissioner Winburn requested that the Vehicle Code should not designate "either /or ", but should designate "and" so as to clearly post a visible handicapped sign on a post and on the pavement. Commissioner Koppelman requested that Condition No. 12 state that "both the handicapped sign on the pavement and the handicapped sign on the post shall be required for each handicapped parking space." Motion was voted on to approve Use Permit No. 1600 (Amended) subject to the findings and condition's in *Ayes Exhibit "A ", including the aforementioned Finding No. 8, revised Conditions No. 6, No. 9, added and revised Conditions No. 12 and No. 13. MOTION CARRIED. FINDINGS: 1. That the subject restaurant with the proposed valet parking service is consistent with the Land Use Element of the General Plan and the Local_ Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That the project will not have any significant. environmental impact. 3. That the proposed percentage of compact parking spaces is consistent with that approved in con- junction with similar restaurant projects. 4. That there is adequate space within the on -site parking area to operate a valet parking service. 5. That the requirement to relocate or alter the existing sign adjacent to West Coast Highway, so as to provide required sight distance for the easterly driveway, is justified inasmuch as the additional on -site parking activity that will result from the applicant's proposal will increase the potential for automobile accidents to occur on West Coast Highway due to improper sight distance. -11- COMMISSIONERS y�G9ti y �C O' Ash vy MINUTES August 20, 1987 CITY OF NEWPORT BEACH ROWULL INDEX 6. That the approval of the proposed modification to the Zoning Code to permit the use of additional compact parking spaces will not, under the circum- stances 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 detri- mental 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. 7. That the approval of Use Permit No. 1600 (Amended) 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. • 8. That the existing on- street parking in the Mariner's Mile area is.currently over utilized and that the parking of restaurant and valet employees on public streets will further impact parking and traffic circulation in the area. CONDITIONS: 1. That all improvements be constructed as required by ordinance and the Public Works Department. 2. That a standard use permit agreement and accompa- nying surety be provided in order to guarantee satisfactory completion of the public improve- ments, if it is desired to obtain a building permit .prior to completion of the public improve- . ments. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer and that the on -site parking plan shall be redesigned as follows unless otherwise approved by the City Traffic Engineer: -12- COMMISSIONERS ;b 9 _ 9y CITY OF NEWPORT BEACH 4 MINUTES August 20, 1987 RoLWALL INDEX a. That should the approved parking plan result in any excess parking (more than 53 spaces), that the two parking spaces located adjacent to the entrance to the parking area and West Coast highway be eliminated so as to prevent vehicles from backing onto the public sidewalk. b. That the relatively steep slope in the area to be used for handicapped parking requires that one and possibly both of the handicapped parking spaces be relocated to another area of the parking lot. C. That all self parking spaces shall be a minimum of 9 feet wide. 4. That the existing drive aprons be reconstructed using a flared apron per City Standard 166 -L and that the deteriorated sections of sidewalk be reconstructed along the West Coast Highway front- age under an encroachment permit issued by the Public Works Department and the California Depart- ment of Transportation; and that the overhead telephone lines be undergrounded along the West. Coast Highway frontage prior to implementation of the amended use permit unless otherwise approved by the Public Works Department. 5. That the existing sign located adjacent to the West Coast Highway right -of -way be relocated or altered so as to comply with the sight distance requirement per City Standard 110 -L, unless otherwise approved by the Public Works Department. The sign shall be relocated or altered prior . to the implementation of the subject amended use permit. 6. That a minimum of five standard size parking spaces shall be designated for self parking and shall be identified in a manner acceptable to the City Traffic Engineer. 7. That a maximum of 25 percent compact parking shall be permitted. 8. That the valet station shall be located in front of the entrance to the restaurant so as to provide . maximum on -site stacking of automobiles. _13- COMMISSIONERS MINUTES 0�0 ��m August 20, 1987 B: A a N I. k � << 9y CITY OF NEWPORT BEACH ROLqMALL INDEX 9. That restaurant employees and valet employees on duty shall park their automobiles on -site, in the Municipal parking lot or on other authorized off -site locations. Said employees shall not park their vehicles on any public street. Said employees shall also not park their vehicles on private property not authorized for said use. 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. 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. 12. That a minimum of two handicapped parking spaces shall be designated solely for handicapped self parking and shall be identified in a manner acceptable to the City Traffic Engineer. Said parking spaces shall be accessible to the handicapped at all times. Both the handicapped: sign on the pavement and the handicapped sign on a . post shall be required for each handicapped parking space. 13. That valets shall park vehicles of restaurant patrons only on the restaurant site, and shall not for any reason exit or enter any valet vehicles. onto West Coast Highway. -14- COMMISSIONERS _ 9y oy � � o qy CITY OF NEWPORT BEACH MINUTES August 20, 1987 ROL CALL INDEX Use Permit No. 3288 (Public Hearing) Item No.7 Request to change the operational characteristics of UP3288 the existing Ancient Mariner Restaurant located in the Mariner's Mile Specific Plan Area so as to permit the Approved - use of valet parking. The proposal also includes a modification to the Zoning Code so as to permit the use of compact parking spaces for a portion of the required off- street parking. LOCATION: A portion of Lot H, Tract 919, located at 2607 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 ' APPLICANT: Raygal, Inc., Irvine • OWNER: Mariner "s Mile Marina, Newport Beach - William Laycock, Current Planning Manager, referred to the Addendum to the staff report regarding the subject use permit that was distributed prior to the subject Planning Commission meeting. Mr. Laycock referred to the following revisions to Exhibit "A" as follows: added Finding No. 8 regarding restaurant and employee parking; revised Condition No. 6 regarding self parking - spaces; revised Condition No. 9 regarding employee' parking spaces; added Condition No. 12 regarding handicapped parking spaces; and added Condition No. 13 regarding valet parking. The public hearing was opened in connection with this item, and .Mr. Richard Vaughn, Vice President of Construction for the Ancient Mariner Restaurant. appeared before the Planning Commission. In response to questions posed by Chairman Person, Mr. Vaughn replied that he had reviewed and agreed to the amended' findings and conditions in Exhibit "A ", however, he made reference to Condition No. 3 in conjunction with the emergency vehicular access that had to be modified and he said that he had an appointment with the City Traffic Engineer at a later date to discuss the matter. Chairman Person reminded the applicant that there, is a • 21 day appeal period after the use permit has been approved by the Planning Commission. i -15- COMMISSIONERS G t^ Nij 9�'�tn9y�c MINUTES August 20, 1987 CITY OF NEWPORT BEACH ROL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 3288 subject to the findings and conditions in Exhibit "A ", including the following revised and /or added finding and conditions as previously recommended by staff in the Addendum to the staff report, and conditions that had been revised by the Planning Commission in conjunction with Use Permit No. 1600 (Amended) , the Rusty Pelican Restaurant: added Finding No. 8; revised Condition No. 6; revised Condition No. 9; added and revised Condition No. 12; and added and revised Condition No. 13. Commissioner Di Sano addressed revised Condition No. 9 in Use Permit No. 1600 (Amended) , the Rusty Pelican Restaurant and the subject use permit, regarding restaurant employee and valet employee parking restrictions on public streets, and he questioned the. enforceability of restricting parking on public • streets. Motion voted on to approve Use Permit No. 3288 subject to the findings and conditions in Exhibit "A ", including the aforementioned Finding No. 8; Conditions All Ayes No. 6, No. 9, No. 12 and No. 13. MOTION CARRIED. FINDINGS: - 1. That the subject restaurant with the proposed valet parking service is consistent with the Land Use Element of the General Plan and the Local. Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the proposed percentage of compact parking spaces is consistent with that approved in con -' junction with similar restaurant projects. 4. That there is adequate space within the on -site parking area to operate a valet parking service. 5. That the requirement to relocate or alter the • existing sign adjacent to West Coast Highway, so as to provide required sight distance for the easterly driveway, is justified inasmuch as the -16- COMMISSIONERS MINUTES August 20, 1987 CITY OF NEWPORT BEACH INDEX additional on -site parking activity that will result from the applicant's proposal will increase the potential for automobile accidents to occur on West Coast Highway due to improper sight distance. 6. That the approval of the proposed modification to the Zoning Code to permit the use of additional compact parking spaces will not, under the circum- stances 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 detri- mental 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. 7. That the approval of Use Permit No. 3288 will not, under the circumstances of the case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. 8. That the existing on- street parking in the Mariner's Mile area is currently over utilized and that the parking of restaurant and valet employees on public streets will further impact parking and traffic circulation in the area. CONDITIONS: 1. That all improvements be constructed as required by ordinance and the Public Works Department. 2. That a standard use permit agreement and accompa- nying surety be provided in order to guarantee satisfactory completion of the public improve= ments, if it is desired to obtain a building permit prior to completion of the public improve- ments. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to • further review by the Traffic Engineer and that the on -site parking plan shall be redesigned as follows, unless otherwise approved by the City Traffic Engineer: -17- COMMISSIONERS F 0OAA Z�G�y 9NOy C` � o - vy CITY OF NEWPORT BEACH MINUTES August 20, 1987 ROL CALL INDEX a. That the light standards located within the parking area be altered or relocated so that they extend no more than a 1 foot by 1 foot area in the corner of a parking space. b. That should the approved parking plan result in any excess parking (more than 57 spaces), that the two parking spaces located adjacent to the entrance to the parking area and West Coast highway be eliminated so as to prevent vehicles from backing into the public side- walk. C. That all self parking spaces shall be a minimum of 9 feet wide. d. That the parking design be modified so as to insure that the minimum required turning radius for emergency vehicles is provided. 4. That the existing drive aprons be reconstructed • using a flared apron per City Standard 166 -L and that the deteriorated sections of sidewalk be reconstructed along the West Coast Highway front -. age under an encroachment permit issued by the Public Works Department and the California Depart- ment of Transportation. 5. That the existing sign and landscape planter located adjacent to the West Coast Highway right- of-way be altered so as to comply with the sight distance requirement per City Standard 110 -L,- unless otherwise ,approved by the Public Works Department. Said alterations shall be completed prior to the implementation of the subject use permit. 6. That. a minimum of five standard size parking spaces shall be designated for self parking and shall be identified in a manner acceptable to the City Traffic Engineer. 7. That a maximum of 25 percent compact parking shall be permitted. 8. That the valet station shall be located in front of the entrance to the restaurant so as to provide • maximum on -site stacking of automobiles. -18- COMMISSIONERS • is MINUTES August 20, 1987 CITY OF NEWPORT BEACH 9. That restaurant employees and valet employees on duty shall park their automobiles on -site, in the Municipal parking lot or on other authorized off -site locations. Said employees shall not park their vehicles on any public street. Said employees shall also not park their vehicles on private property not authorized for said use. 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. 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. 12. That a minimum of two handicapped parking spaces shall be designated solely for handicapped self parking and shall be identified in a manner acceptable to the City Traffic Engineer. Said parking spaces shall be accessible to the handicapped at all times. Both the handicapped sign on the pavement and the handicapped sign on a post shall be required for each handicappedi parking space. 13. That valets shall park vehicles of restaurant patrons only on the restaurant site, and shall not for any reason exit or enter any valet vehicles onto West Coast Highway. * r -19- 1,111 COMMISSIONERS mG F �i0 �9 .o v 9x �� goy CC � a qy CITY OF NEWPORT BEACH MINUTES August 20, 1987 ROL CALL INDEX Use Permit No. 3287 (Public Hearing) Item No.8 Request to change the operational characteristics of an UP3287 existing take -out ice cream shop and Italian deli located on property within the C -1 District, so as to Approved add the incidental service of on -sale beer and wine and to expand the hours of operation from 5:00 a.m. to 10:00 p.m., whereas the existing hours of operation are from 10:00 a.m. to 10:00 p.m. LOCATION: Lots 12 and 13, Block 9, Balboa Tract, - located at 205 Main Street on the southwesterly corner of Main Street and East Bay Avenue, in Central Balboa. ZONE: C -1 APPLICANT: Britta K. Kvinge, Corona del Mar OWNER: Leopold Avallone, M.D., Pacific Palisades William Laycock, Current Planning Manager, recommended that Condition No. 13 be added to Exhibit "A" of the subject use permit so as to allow a maximum of 13 tables and 26 seats on -site. Mr. Laycock explained' that because previous restaurant operations at the subject site have had as many tables and chairs as are being applied for by the applicant, staff has no objections to the request. In response to a question posed by Commissioner Debay regarding a trash compactor, Chairman Person and Mr: Laycock explained that the applicant is only requesting a change in the hours of operation, and not the operational characteristics of the restaurant; however,' the Planning Commission could impose a condition requiring a trash compactor on -site. The public hearing was opened in connection with this item, and Ms. Britta K. Kvinge, applicant, appeared before the Planning Commission. Ms. Kvinge stated that she concurs with the findings and conditions in Exhibit "A" and the aforementioned Condition No. 13. There being no others desiring to appear and be heard, • the public hearing was closed at this time. -20- COMMISSIONERS tiA Ain�L� 0-" � 99,e9 G9 < < a� «may CITY OF NEWPORT BEACH MINUTES August 20, 1987 ROL CALL INDEX Motion x Motion was made to approve Use Permit No. 3287 subject to the findings and conditions in Exhibit "A ", including added Condition No. 13. Commissioner Di Sano objected to the use permit because there is no Specific Area Plan for the Balboa Peninsula; that there is congestion in the area; that the area does not need an additional venue for the sale of beer and wine, and that the subject take -out restaurant is an ice cream parlor. He reasoned that a Specific Area Plan for the Balboa Peninsula would enable the area to be well maintained, and allow for better parking, and ingress and egress. Chairman Person commented that it would not be fair to penalize the applicant because the City does not have a Specific Area Plan, and he expressed that he personally is encouraging a Specific Area Plan for the Balboa Peninsula. Commissioner Merrill asked the maker of the motion to dment amend Condition No. 5 to state that beer and wine cannot be sold until 10:00 a.m. The maker of the motion agreed to the amendment. In response to questions posed by members of the Planning Commission, Commissioner Di Sano explained why beer and wine should not be sold in a small ice cream parlor even if the take -out restaurant also sells pizza and sandwiches. Mr. Laycock commented that the Planning Commission may restrict the menu of a restau- rant at the time the original use permit is approved. Motion voted on to approve Use Permit No. 3287 subject to the findings and conditions in Exhibit "A" including aforementioned amended Condition No. 5 and added Ayes x x x x x x Condition No. 13. MOTION CARRIED. No FINDINGS: 1. That the subject restaurant 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. That the project will not have any significant environmental impact. • -21- COMMISSIONERS �G9 9o99 Nrl�rlS 0 y C < CITY OF NEWPORT BEACH MINUTES August 20, 1987 ROL CALL INDEX 3. That the waiver of the development standards as they pertain to a portion of the required parking, parking lot illumination, circulation, walls, building setbacks, 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. That the proposed addition of on -sale beer and wine to the take -out restaurant as well as the expanded hours of operation, will not result in an increased parking demand for the area. 5. That the Planning Commission has approved several use permits for on -sale beer and wine in other existing restaurant facilities throughout the.City without requiring additional parking spaces. 6. That there is adequate on -site parking for the restaurant employees. • 7. That the approval of Use Permit No. 3287 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 plan and elevations. 2. That the development standards related to a portion of the required off - street parking spaces, building setbacks, parking lot illumination,, circulation, walls, landscaping, and utility- requirements are waived. 3. That no alcoholic beverages shall be sold or consumed outside of the restaurant building. 4. That the hours of operation shall be limited from 5:00 a.m. to 10:00 p.m. daily. . 5. That the serving of beer and wine shall be inci- dental to the primary function of providing food service, and shall not be sold prior to 10:00 a.m. -22- COMMISSIONERS 9y - CITY OF NEWPORT BEACH MINUTES August 20, 1987 ROL CALL INDEX 6. That all'signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code. 7. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 8. That a washout area for refuse containers be provided in such a way so as to allow direct drainage into the sewer system and not into the bay or storm drains, unless otherwise approved by the Building Department. 9. That all mechanical equipment and trash areas shall be screened. 10. That a minimum of two parking spaces shall be provided on -site for employee parking. 11. 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. 12. 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. 13. That a maximum of 13 tables and 26 seats shall be permitted on -site. * sr Exception Permit No. 29 (Discussion) Item N0.9 Request to permit the installation of a fourth wall sign on the existing Bank of Newport Building located P29 in the C -1 District. The proposal also includes a request to enlarge one of two* existing ground signs roved located on the site so as to establish said sign as a multi- tenant sign which identifies secondary tenants within the building. -23- COMMISSIONERS yA 'off 00 m 9 �'OA9 Fj� 9� CITY OF NEWPORT BEACH MINUTES August 20, 1987 ROL CALL INDEX LOCATION: Parcel No. 1 of Parcel Map 152 -28; 29 (Resubdivision No. 659), located at 2101 East Coast Highway, westerly of Avocado Avenue, adjacent to Irvine Terrace. ZONE: C -1 APPLICANT: Bank of Newport /Merrill Lynch Realty, Newport Beach OWNER: Bank of Newport, Newport Beach The discussion was opened in connection with this item, and Mr. Joe Beasley appeared before the Planning Commission on behalf of the Heath Sign Company and the applicant. Mr. Beasley stated that he has reviewed and concurs with the findings and conditions in Exhibit "A" Commissioner Pomeroy addressed the proposed illuminated_ sign and he stated his concerns that the sign 'could . cause glare in the night view and in the site plane of nearby residents. Following discussion between Commissioner Pomeroy and Mr. Beasley regarding the illuminated sign, Chairman Person recommended a condition that the illumination of the proposed sign be of less intensity than the existing wall sign facing East Coast Highway on the Bank of Newport building. Mr. Beasley stated that he would agree with the recommended condition. There being no others desiring to appear and be heard, the discussion was closed at this time. Commissioner Merrill stated his concerns regarding the number of signs that could be installed on the Bank of Newport Building. William Laycock, Current Planning Manager explained that the Sign Ordinance requires an Exception Permit if there would be more than three wall signs on the building, and he further commented that a' multi- tenant building may have one wall sign per business plus one 25 square foot directory wall sign. Further discussion followed regarding the limitations of wall signs and ground signs within the Sign Ordinance. on x Motion was made to approve Exception Permit No. 29 subject to the findings and conditions in Exhibit "A" including the addition of Condition No. 3 which would state that the illumination of the proposed wall sign shall be less intense than the existing illuminated All Ayes wall sign facing East Coast Highway. Motion voted on, MOTION CARRIED. -24- COMMISSIONERS �G 9N'Py'0o 'v yx -9y CITY OF NEWPORT BEACH MINUTES August 20, 1987 ROL CALL INDEX FINDINGS: 1. That the proposed signs will be compatible with surrounding land uses. 2. That the proposed signs will not have any signifi- cant environmental impact. 3. The proposed signage and graphics are consistent with the character and design of the building. 4. That the total square footage of all wall signs is well below the maximum permitted. 5. That the signs will be oriented towards East Coast Highway and will not affect the adjoining residential area. 6. That the approval of this exception permit is consistent with the intent of the previously established conditions of Use Permit No. 1857 concerning the protection of the adjoining residential area from light and glare generated from the subject project. 7. That the granting of this exception will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will not be materially detri- mental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or im- provements in the neighborhood, or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and elevations. 2. That the applicant shall obtain a building permit for the proposed sign prior to their installation. 3. That the illumination of the proposed wall sign shall be less intense than the existing illuminated wall sign facing East Coast Highway- -25- COMMISSIONERS MINUTES August 20, 1987 CITY OF NEWPORT BEACH Use Permit No. 1832 (Extension) (Discussion) Request to consider the extension of Use Permit No. 1832 which permitted. the establishment of a Chinese restaurant facility with on -sale beer and wine in the C -1 District. LOCATION: Lot 10, Block 11, Balboa Tract, located at 810 East Balboa Boulevard, on the northerly side of East Balboa Boulevard between Main Street and "A" Street, on the Balboa Peninsula. ZONE: C -1 APPLICANTS: Sin Mon Wong, Sin Wai Wong and Sin Keung Wong, Balboa OWNER: Jeff M. Schulein, Corona del Mar • Chairman Person stated that staff has recommended that the Planning Commission set the revocation of the subject use permit for public hearing at the Planning Commission meeting of September 10, 1987. In response to a question posed by Commissioner Winburn, William Laycock, Current Planning Manager, replied that staff has mailed a copy of the staff report to the subject restaurant and that staff has attempted to contact the applicants by telephone to recommend that they be present at the subject Planning Commission meeting. The Planning Commission considered if September 10, 1987, would be enough time to prepare for the revocation of the subject use permit, and Carol Korade, Assistant City Attorney, suggested that the public hearing be set for September 24, 1987, so as to allow . time to prepare for the revocation public hearing. Chairman Person, Commissioner Pomeroy, and Mr. Laycock discussed the applicant's refusal to cooperate regarding the payment of in -lieu parking fees, and the numerous other restaurants throughout the City who are also refusing to pay the in -lieu parking fees that become due and payable on January 1st of every year. • -26- INDEX (Item No.10 UP1832 (Ext) Use Permit Extended COMMISSIONERS MINUTES \tk%\14640 \Opr\E\ August 20, 1987 CITY OF NEWPORT BEACH Commissioner Debay pointed out that the applicant owes $750.00, and she questioned the revocation of the use permit for that amount of money. Discussion followed regarding what the City does with the income of the in -lieu parking fees. Ms. Korade suggested that the Planning Commission could direct the City Attorney's office to file a Small Claims Court action as an option to the recommended revocation. Motion was made to permit the extension of Use Permit No. 1832, but to direct the City Attorney's Office to file a Small Claims Court action against the proprietors of the Seaview Gardens Restaurant so as to collect past due in -lieu fees. I I J I I In response to a question posed by Commissioner Di I Sano, Ms. Korade reviewed the policies that could be used to invoke the delinquent in -lieu parking fees that • numerous restaurants throughout the City have incurred since January 1, 1987. Commissioner Winburn recommended that the Planning Commission pursue Small Claim Court action against delinquent in -lieu fee accounts, if possible, instead of revocation procedures until the City changes the in -lieu fee parking policy. Chairman Person, Commissioner Pomeroy, and Mr. Webb . discussed the in -lieu parking fee fund, and how much is collected each year. Motion x Motion was voted on to direct the City Claims Court action and Sin Keung Wonc All Ayes Gardens Restaurant. • to extend Use Permit No. 1832, but Attorney's office to file a Small against Sin Mon Wong, Sin Wai Wong r, the proprietors of the Seaview, MOTION CARRIED. -27- INDEX COMMISSIONERS Nn gyp An vy CITY OF NEWPORT BEACH MINUTES August 20, 1987 ROL CALL INDEX Environmental Impact Report No. 137 for the Fashion Discussion Item No.l Island Expansion EIR #137 Discussion of Referral of the Fashion Island EIR to the Environmental Quality Affairs Citizens Advisory Commit- Public tee. Hearing Set for 9 -24 -87 - INITIATED BY: The City of Newport Beach - In response to questions posed by Commissioner Winburn regarding the responsibilities of the Environmental Quality Affairs Committee, Patricia Temple, Principal Planner, reviewed the establishment and the purpose.of said Committee, and the referral of the EIR through Committees and the Planning Commission. In response to a question posed by Commissioner Koppelman, Ms. Temple replied that under the guidelines of said Committee, a public hearing would be set after written comments have been received from the Committee. The Planning Commission and Ms. Temple further discussed the EIR, and the documents that were provided in conjunction with Fashion Island during the Newport Center public hearings in 1986, and Ms. Temple explained that the proposed Fashion Island expansion is a reduction in square footage from the 1986 Fashion ' Island project. Motion was made to not refer the EIR to the Environmental Quality Affairs Committee and to set the Planning Commission public hearing for September 24, 1987, for the Fashion Island Expansion. Commissioner, Koppelman reasoned that CEQAC previously reviewed the environmental concerns within Newport Center and those concerns are addressed in the EIR. Commissioner Debay stated that she would support the motion, and she recommended that the Environmental' Quality Affairs Committee be notified of the aforementioned public hearing so as to have the option to participate in the public hearing process. Ms. Temple commented that she would notify the Committee of the public hearing by memorandum, and that a copy of • the EIR would be available to the members. -28- COMMISSIONERS �dG�\Xn 9"� - y CITY OF NEWPORT BEACH MINUTES August 20, 1987 ROL CALL INDEX Commissioner Di Sano stated that he would support the motion because there would he no need for CEQAC to review the EIR. Motion Motion voted on to set the public hearing for September All Ayes 24, 1987, for the Fashion Island Expansion. MOTION CARRIED. A D D I T I O N A L B U S I N E S S: Additional Chairman Person directed staff to set up a study Business session on September 10, 1987, at 3:30 p.m. so that staff can review the provisions of the Traffic Phasing Study Ordinance with the new Commissioners. Session Chairman Person directed staff to send a letter to the Carl's, Jr. Restaurant facility regarding the fact that Carl's Jr. . its restrooms are not open to the public as required. * * f A D J O U R N M E N T: 9:05 P.M. .Adjournment x ► t JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • _29_