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HomeMy WebLinkAbout01/08/1998• • 0 CITY OF NEWPORT BEACH Planning Commission Minutes January 8, 1998 Regular Meeting - 7:00 p.m. Present: Commissioners Fuller, Ridgeway, Selich, Kranzley, Gifford, Adams and Ashley - Commissioners Gifford and Adams were excused STAFF PRESENT: Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Rich Edmonston, Development Services Manager Patrick Alford, Senior Planner Ginger Varin, Planning Commission Executive Secretary Minutes of December4. 1997: Motion was made by Commissioner Selich and voted on to approve, as written, the December 4,1997 Planning Commission Minutes. Ayes: Fuller, Ridgeway, Selich, Kranzley, Ashley Noes: Absent: Adams, Gifford Abstain: Public Comments: none Postna of the Aaenda: The Planning Commission Agenda was posted on Friday, January 2 1998 outside of City Hall. INDEX Minutes Approved Public Comments Posting of the Agenda • City of Newport Beach Planning Commission Minutes January 8, 1998 SUBJECT: Waterfront Homes Realty (Gilbert Foerster, applicant) 2436 West Coast Highway • Site Plan Review No. 77 The application requests to allow the construction of a 4,600 square foot office building located in the Mariner's Mile Specific Plan Area. Ms. Temple noted that this construction would add a 2nd office building development to an existing development on West Coast Highway in the Mariner's Mile, and that the site plan analysis is contained in the staff report. She added that this is the first project that has been reviewed both for the recommendations of the Mariner's Mile Advisory group as well as reviewed by the Mariner's Mile Design Review team, and their recommendations are included. Public Comment was opened. Mr. Gil Foerster, 2011 Kings Road - applicant, at Commission inquiry stated he has read and agrees to the findings and conditions in Exhibit A of the staff report. He stated that he is not a member of the Mariner's • Mile Association and did not attend the project review process of the re- vitalization team. Public Comment was closed Motion was made by Commissioner Ridgeway to approve the Site Plan Review No. 77 with the findings and conditions as stated in Exhibit A. Without objection and by acclamation, the motion passed - 5 Ayes, 2 Absent Findings: 1. The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail and Service Commercial" uses and an office building is a permitted use within this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act. 3. This project is consistent with the Site Plan Review procedures and Specific Plan purposes as follows: • • To assure that development of properties in Specific plan Item No. t SPR No. 77 Approved INDEX • City of Newport Beach Planning Commission Minutes January 8, 1998 areas will not preclude attainment of the General Plan and Specific plan objectives and policies. An office building is an allowable use in the "Retail and Service Commercial" designation of the General Plan and Mariner's Mile Specific Plan. • To protect and preserve the value of properties and to encourage high quality development in Mariner's Mile. The proposed project has been designed with architectural interest and compatibility to the site and the Mariner's Mile area. The extensive landscaping and interesting building design especially improve the view from the rear of the site. • To ensure that the public benefits derived from expenditures of public funds for improvements and beautification of streets and public facilities within the Specific Plan area shall be protected by the exercise of reasonable controls over the layout and site locations characteristics of private buildings, structures and open spaces. This project has been reviewed by the Mariner's Mile Design Consultant and has been recommended for approval and determined to be a • positive addition to the greater Mariner's Mile area. • To promote the maintenance of superior site location characteristics adjoining Coast Highway, a thoroughfare of city wide importance; to ensure that the community benefits from the natural terrain, harbor and ocean; and to preserve and stabilize the grounds adjoining said thoroughfare, and to preserve and protect the property values in said areas. The proposed building is not highly visible from Coast Highway, but has been designed to improve the aesthetics of the property from the rear and bluff above through extensive landscaping and architectural features. 4. This project meets the Newport Beach Municipal Code Site Plan Review standards including those of protecting views, scenic drives and scenic highways with suggested conditions improving landscaping and controlling light fixtures at the rear of the site. 5. This project is consistent with the Mariner's Mile Business and Citizens Advisory Committee Recommendations of April 1997, approved by the City Council on August 25, 1997. 6. This project has been reviewed and recommended for approval by the Mariner's Mile Design Consultants, as approved by the City is Council on August 25, 1997. 3 INDEX • City of Newport Beach Planning Commission Minutes January 8, 1998 Conditions: 1. The project shall be constructed and maintained in substantial conformance with the approved site plan, floor plan and elevations. 2. Newport Beach Lot Line Adjustment No. 96 -2 shall be recorded with the Orange County Recorder's Office prior to issuance of a building permit. 3. A minimum of one off - street parking space per 250 square feet.of net floor area shall be provided. 4. All trash areas, storage areas, and electrical and mechanical equipment shall be screened from view. 5. Any necessary roof access ladders shall be placed at south elevation of building, facing the existing building, to minimize visibility. • 6. All site lighting fixtures to be designed to minimize glare to adjacent properties. 7. "Walpack" fixtures at end of existing building are to be removed and no "Walpack" fixtures are to be allowed in the new construction in order to minimize light spill -off to adjacent properties. 8. The landscape plan shall incorporate comments from Mariner's Mile Design Consultant unless otherwise approved by Planning Director. 9. Existing landscaping areas, especially the area facing Coast Highway, shall be cleaned up and all landscape areas shall be continuously maintained. 10. Roof - mounted equipment, TV antennae or satellite dishes are prohibited. 11. All signage, including temporary leasing signs, shall be in, conformance with Section 20.67 of the Newport Beach Municipal Code, 12. The proposed building shall comply with the Uniform Building Code and with disabled access requirements. 13. The Site Plan Review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.92.070 of the 4 INDEX • City of Newport Beach Planning Commission Minutes January 8, 1998 Newport Beach Municipal Code. SUBJECT: Zubie's Chicken Coop Restaurant (John Zubieta, applicant) 414 Old Newport Boulevard • Use Permit No. 1053 (Amended) Request to amend a use permit to allow a change in the operational characteristics of an existing restaurant facility involving the conversion of office space to a game room with pool tables. The application may also involve a partial waiver of required off - street parking. Patrick Alford, Associate Planner stated that this application involves a change in the operational characteristics of an existing restaurant. Specifically involved is a conversion of a third floor office space to a game room that would be used for pool tables. This proposed change presents two issues: • • change from office to customer service area will increase the parking demand • surrounding residential areas could be affected by the intensification of this use Two parking formulas are provided in the staff report. One is the current parking standard and one is as a semi - private game room operation. There will be a parking shortage that can be offset by use of available off -site parking. The possibility of increased noise from the highest point (third floor) of the restaurant is addressed by the inclusion of new conditions to this use permit. Specifically, no live entertainment or dancing will be allowed on the third floor as well as all the doors and windows are to remain closed while the third floor is utilized. Commissioner Fuller asked about the off site parking agreement with the Board of Realtors business across the street. Is there a written contractual arrangement between the two parties? Mr. Alford stated that the existing agreement is for the applicant to use the parking when the Board of Realtors is closed, evening and weekends. There is a previous off -site parking agreement that was approved by Council in the past which is still in affect. The condition that is now written is that the applicant provide the existing one or arrange for a new one to meet the criteria. • Commissioner Ashley stated that the staff is recommending there be no Item No. 2 UP 1053 A Approved INDEX • City of Newport Beach Planning Commission Minutes January 8, 1998 access to the third floor area where the billiards are to be played except through the restaurant and that external access to the third floor is prohibited, correct? Mr. Alford stated this is not as a condition, but it is a concern stated in the report. Ms. Temple stated that the condition requires that the doors and windows are to be closed during the hours of operation, however, this issue could be addressed by creating an additional condition. Commissioner Ridgeway excused himself from the meeting due to family business. Public Comment was opened. Mr. John Zubieta, 9051 Santiago Drive, Huntington Beach applicant stated he has read, understands and agrees to the findings and conditions of Use Permit No. 1053 A. At Commission inquiry, Mr. Zubieto agreed to the following additional • conditions: He would put a fire exit door sign to prevent people from coming in the door on the third floor. • There is provision for five tables in the permit, but has and will keep only three tables in operation. • An unsigned lease for use of the parking at the Board of Realtors across the street will be signed and presented to the Planning Department (provides parking for 65 cars) depending on the outcome of tonight's meeting. • Restaurant patrons only will have access to the billiard area and that Will be through the restaurant only. Speaking in opposition to this applicationwere the following: George Baker- 430 Old Newport Boulevard Bob Mallard- 463 Westminster Ralph Kafesjian - 440 Westminster, additionally asked about the number of employees and why carryoverof 1984 waiver of 13 parking spaces Scot Larson - 428 Westminster, asked if a permit had ever been revoked due to loss of parking agreement Tiffany Goff - tenant at 424 Westminster Cindy Larson - 428 Westminster Tom Adams- 416 Westminster June A. Warren - 420 Westminster Kimberly Miller- 463 Westminster • Richard Walton - 432 Westminster INDEX • City of Newport Beach Planning Commission Minutes January 8, 1998 Darrell Heinrick-owner of 424 Westminster Robert Williams- 438 Westminster Stated reasons of opposition were: • amplification of noise from conversations and brawls throughout the neighborhood • prostitution, break -ins and drug trafficking are going on now • there are nine parking spaces on Old Newport Boulevard which are taken up by the larger delivery trucks • residents have worked very hard for their homes • this restaurant is different from the previous one • traffic is an issue • parking is an issue • use of square footage is for a bar • unenforceable left turn condition on Westminster Avenue • broken bottles and litter strewn about • additional occupancy of 49 people • prowler activity • need to keep a balance between residential and commercial • potential property damage • main use is a bar, not a restaurant • two dumpsters not in a contained area • egress and ingress problems are not addressed • would be detrimental to the peace in the area • pool hall should not be allowed in the residential area • property values will be lowered Speaking on behalf of the application: • Mr. Owen Minney- the community needs the viable business brought into this community. Ms. Temple noted in response to questions raised during public testimony, the following: • There are 18 employees who have to park on site. • A conditionwill require posting of limitations regarding left turn only, • If parking agreement is voided with the Board of Realtors then the affect will be that the Use Permit will be reviewed and further review could restrict the uses based upon the available parking. The approval would be contingent upon the number of spaces being provided. • The off street parking will be utilized by the valet service. • The operations of restaurants are subject to the City's Community Noise Ordinance. However, that particular noise ordinance is not the vehicle to control people's activities as they exit, that would be more a public nuisance complaint that would be handled by the police. • The existing Use Permit does not contain limitations on hours of • operation for the restaurant for dancing or live entertainment. INDEX . City of Newport Beach Planning Commission Minutes January 8, 1998 The location of billiard buildings is addressed in Title S of the Municipal Code. There are some development standards including a minimum of separation of 100 feet from any residential area which can be waived by the City Manager if the intent of the separation requirement is met. This is not managed by the Planning Commission but by the City Manager in issuing the permit for the pool hall establishment. Ms. Clauson added that if an off -site parking agreement is lost, the business is required to get alternative parking. There has been one instance where a business had closed and another one had been restricted because they were unable to make up for the lost parking. Mr. John Zubieta addressed Commission on issues raised by previous speakers: • does not sell beer in bottles - draft beer only - no broken bottles in streets • never had live entertainment and has no intention of having live entertainment • close at 10 in the evening - allows patrons to finish by 11, not 1:30 a.m. • do not have a ball room • noise does not happen after 11 at night • this is a family restaurant • 86% sales is in food and 14% sales in bar • he has never been notified of noise complaints Commissioner Selich asked the applicant if he would agree to have the live entertainment and dancing conditions removed from the use permit and limit the hours of operation to 11:00 p.m. The applicant agreed. Public Comment was closed. Commissioner Ashley in listening to the concerns of the neighbors expressed, feels that there should be a balance between the business and the residents. The operator needs some kind of additional incidental operation within the restaurant to be successful. With some changes in the findings and conditions of approval it should satisfy those concerns and at the same time allow the applicant to show he has the ability to be a good neighbor. If it does become a problem to the neighborhood, they have the opportunity to come back and let us know the applicant is in violation. This application should be approved provided that he can meet the Community Noise standards, no external access to third level, no live entertainment on third level and the operation is closed down at 11:00 P.M. Commissioner Selich supports the application if the dancing and live . entertainment were prohibited and the hours of operation were INDEX • City of Newport Beach Planning Commission Minutes January 8, 1998 changed to 10:00 p.m. in exchang Commissioner Fuller expressed support and concern with mixed use area problems. This would not be a pool room but rather an ancillary use to the restaurant. Additional conditions to the Use Permit would be three pool tables; eliminate live entertainment and dancing and lock doors upstairs to allow for egress only; and closure at 10:00 p.m. Commissioner Kronzley spoke in support of this application as expressed with the additional conditions that the applicant agrees to even though this is a mixed use in this area. This application is an intensification of the use. Commissioner Ashley asked that the inclusion of the signed lease agreement should be part of this application. Ms. Clauson stated that the ordinance that deals with this issue states that is gets recorded in the office of the County Recorder against the property and the buyerwould be noted if the parcel is sold. Commissioner Fuller asked if the number of tables is a concern? The • applicant has indicated three tables. Ms. Temple commented that the amount of floor space is fixed. With less pool tables there would be a natural tendency to add tables for seating. Commissioner Selich stated and it was agreed to leave it at five tables. Commission noted the following changes to the listed conditions in Exhibit A: • eliminate 10 thru 18 and • add back a requirement of signed lease agreement for off- street parking and • insert a new condition of closure at 11:00 p.m. • Condition 9 now reads - All exterior doors and windows of on the third floor of the establishment shall remain closed and locked when the game room is in use., exeep* as is seeded 4P Glle;A Door to the third floor room shall be secured with a fire entrance door which does not provide for routine patron access from the outside. Ms. Temple added the following finding: That the approval of parking on an off -site location is appropriate in this case, for the following reasons: 0 INDEX • City of Newport Beach Planning Commission Minutes January 8, 1998 The lot is located in close proximity to the project site given its location across Old Newport Boulevard. The parking on the off -site lot will not create undue traffic hazards in the surrounding areas because the traffic will be on Old Newport Boulevard which is designed to accommodate the traffic associated with the commercial district. Public Comment was opened: Mr. John Zubieta concurred with the above noted changes, additions and deletions. Public Comment was closed: Motion was made by Commissioner Ashley for approval of Use Permit No. 1053 (Amended) subject to the findings and conditions in Exhibit A and the amendments that have been made and agreed upon by the applicant. MOTION CARRIED. Ayes: Ashley, Kranzley, Selich, Fuller Noes: none • Absent: Adams, Gifford, Ridgeway Findings: 1. That the Land Use Element of the General Plan designates the site for "Retail and Service Commercial' uses and a restaurant is a permitted use within this designation. 2. That the project is located within the Old Newport Boulevard Specific Plan District which permits eating and drinking establishments with the approval of a use permit. 3. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 4. That the approval of an amendment to Use Permit No. 1053 to allow the existing restaurant to provide pool tables for the use of dining patrons 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, for the following reasons: • 10 .VINT i • City of Newport Beach Planning Commission Minutes January 8, 1998 The restaurant use is compatible with the surrounding commercial and nearby residential uses since restaurant uses are typically allowed in mixed commercial /residential districts. The change in operational characteristics does not result in a significant increase in the parking demand for the subject property and that any increase can be addressed by use of an existing off -site parking arrangement. • Conditions have been added to address potential. problems associated with the proposed introduction of pool tables as well as previously approved dancing and live entertainment. 5. That the approval of parking on an off -site location is appropriate in this case, for the following reasons: • The lot is located in close proximity to the project site given its location across Old Newport Boulevard. • • The parking on the off -site lot will not create undue traffic hazards in the surrounding areas because the traffic will be on Old Newport Boulevard which is designed to accommodate the traffic associated with the commercial district. Conditions: The project shall be maintained in substantial conformance with the approved site plan, floor plan and elevations. 2. A minimum of one parking space for each 40 square feet of net public area shall be provided. However, a waiver of 13 of the required parking spaces shall be permitted. 3. An Off si#e PGFking agreement shall to be provided &4GFGRt88iR9 thGt a minimum of 9 parking spaces shGl1 be pFevided on the property located at 401 Old Newport Boulevard known as Tract 27, Lot 19 and Lots 20 -24 (Orange Coast Association of Realtors property) after 5:00 p.m. on Monday through Friday and on weekends, for the life of this Use Permit shall be approved by the City Attorney prior to implementation of this Use Permit. 4. Employees shall park their vehicles on -site at all times. • 11 INDEX City of Newport Beach Planning Commission Minutes January 8, 1998 5. A parking attendant (or attendants) shall be provided on -site on Fridays and Saturdays, between the hours of 6:00 p.m. and 10:00 p.m. 6. Access to Westminster Avenue shall be limited to egress with a right turn only. Appropriate signing shall be installed subject to the approval of the Planning Director and the Traffic Engineer. The location of pool tables shall be substantially as depicted in the approved floor plans. A maximum of 5 pool tables shall be permitted. 8. A Pool Tables and Amusement Devices permit approved and issued by the City Manager in accordance with procedures set forth in Chapter 5.34 of the Municipal Code shall be required prior to the introduction of any pool tables on the project site. 9. All exterior doors and windows of on the third floor of the establishment shall remain closed and locked when the game room is in use., end Ax;t the Door to the third floor room shall be . secured with a fire entrance door which does not provide for routine patron access from the outside. INDEX • City of Newport Beach Planning Commission Minutes January 8, 1998 • 10. This approval does not allow the establishment of live entertainment or dancing. 11. The closure of the restaurant shall occur no later than 11:00 p.m. 12. No event staged by an outside promoter or entity shall be conducted unless in conjunction with the service of food. 13. Exit enclosures shall be upgraded to comply with the current edition of Uniform Building Code. 14. The maximum occupant load shall be limited to 49 persons on the third floor. 15. The applicant shall apply for and receive a premise expansion from to the State Department of Alcoholic Beverage Control prior to the sale, service, or consumption of alcohol in the third floor game room. 16. An employee shall be present in the third floor game room when alcohol is being served. 17. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business • owner, property owner or the leasing company. 13 INDEX • City of Newport Beach Planning Commission Minutes January 8, 1998 18. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 19. The approval of this use permit is for a restaurant and shall not be construed as the approval of a bar, cocktail lounge, or other use serving alcoholic beverages during hours not corresponding to regular meal service hours (food products sold or served incidentally to the sale or service of alcoholic beverages shall not be deemed as constituting regular meal service) nor as the approval of a cabaret, nightclub, or other use with the principal purpose of providing live entertainment and /or dancing. 20. The Planning Commission may add to or modify conditions of approval to this use permit or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. • 21. The amendment to the use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code xs+ ADDITIONAL BUSINESS a.) City Council Follow -up - Oral report by the Planning Director regarding City Council actions related to planning - At the Council meeting of b.) Oral report by the Planning Director regarding the approval of Outdoor Dining Permits, Planning Director's Use Permits, Modification Permits and Temporary Use Permits - C.) Oral report from Planning Commission's representative to the Economic Development Committee - d.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - Public Access requirements on bay front properties on Balboa Boulevard. e.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - • 14 Additional Business INDEX City of Newport Beach Planning Commission Minutes January 8, 1998 f.) Requests for excused absences - ADJOURNMENT : 9:50 p.m. THOMAS ASHLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • • 15 INDEX