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HomeMy WebLinkAbout03/05/1998E • �J CITY OF NEWPORT BEACH Planning Commission Minutes March 5, 1998 Regular Meeting - 7:00 p.m. ROLL CALL Present: Commissioners Fuller, Ridgeway, Selich, Kranzley, Gifford, Adams and Ashley - all present STAFF PRESENT. Sharon Z. Wood, Assistant City Manager Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Rich Edmonston, Transportation and Development Services Manager Ginger Varin, Planning Commission Executive Secretary Minutes of February 19,1998: Motion was made by Commissioner Fuller and voted on to approve, as corrected, the February 19, 1998 Planning Commission Minutes. Ayes: Fuller, Selich, Gifford, Ashley Noes: None Absent: None Abstain: Ridgeway, Kranzley, Adams Public Comments: none Posting of the Agenda The Planning Commission Agenda was posted on Friday, February 27,1998 outside of City Hall. Minutes Approved Public Comments Posting of the Agenda • City of Newport Beach Planning Commission Minutes March 5, 1998 SUBJECT: Tim and Liza Goodell 508 29th Street (Continued from February 19, 1998) • Use Permit No. 3611 Amended The application is a request to permit the use of in -lieu parking on a city owned public parking lot located on 30th Street and Villa Way. Payment for the use of in -lieu parking will be used to meet a portion of the restaurant parking requirement. The request is due to the loss of a previously approved off -site parking arrangement required per Condition No. 8 of Use Permit No. 3611. Staff has requested this item be continued to allow additional time for the applicant to consider newly discovered information. Motion was made by Commissioner Selich to continue this item to March 19th. Without objection and by acclamation, MOTION PASSED - all Ayes • SUBJECT: Losey Residence 319 Carnation Avenue, (Continued from January 22, 1998, and February 5, 1998) • Variance No. 1217 Request to allow retention of or modifications to a building currently under construction that does not meet the standards previously established by the City Council in the approval of Variance No. 1202. This previous Variance allowed construction of a residence that exceeds the permitted floor area, does not meet the requirements for the location of open space, and encroaches into various setbacks and abandoned right -of -way. The portion of the building under review is a central stairwell area that provides access to a bedroom and roof deck, which encroaches into a view the City Council found of importance in its approval of the previous Variance. Ms. Temple, referencing three exhibits included with the staff report for Commission's information based on additional photographic information supplied by the applicant noted the alternatives which could be considered as follows: • approve the applicant's proposed revisions; • elimination of the chimney as depicted on the plans; • • reinforce previous approval of the Planning Commission and City Item No. 1 UP 3611 Continued to 3/19/98 Item No. 2 V 1217 Approved INDEX • City of Newport Beach Planning Commission Minutes March 5, 1998 Council Ms. Temple noted that the applicant is out of town but has made himself available via cell phone to answer any questions of the Commission. Additionally, one of the affected neighbors has presented a lengthy packet to the Commission which has not been reviewed by staff. Public Comment was opened. Bill Barton, 112 Cale Viez, Anaheim Hills, spoke representing the applicant, Mr. Losey. Mr. Barton noted that the proposed variance is a result of a great deal of planning, analysis, demolition and expense. Referencing the exhibits he noted: • stairwell has been torn down and redesigned • roof deck has been redesigned • chimney has been redesigned to minimize the view impact • surveys have been done to certify compliance with the height requirements He concluded stating that these modificationswill largely restore the view in question and requests approval of Exhibit A. • Ross Billings, 314 Carnation Avenue spoke in opposition to this variance. Referencing the packet with photos presented to the Commission tonight he noted his oppositions: • structure is over height limits • garage may still be problematic • structure will encroach into his views • no complete final plans • mid -line forms critical axis on sloping roof, once established cannot vary - and edge of roof may vary in height, but their effect will be dictated by this mid -line axis. CommissionerAdams asked the applicant about the mitigation measures proposed in the staff report to which Mr. Billings answered he is not satisfied with them. Public comment closed. Commissioner Ridgeway noted he visited the site recently and agrees with staff that this building is now in substantial conformance based upon the re -draft of plans contained in the staff report. He noted the work of Mr. Billings. He concluded that the Commission is only reviewing whether this structure is in substantial confonnancewith the original approval. Motion was made by Commissioner Ridgeway for approval of Variance • No. 1217 subject to the findings and conditions in Exhibit A. INDEX • City of Newport Beach Planning Commission Minutes March 5, 1998 By show of hands and with one objection, MOTION PASSED - Ayes - Ridgeway, Selich, Kranzley, Gifford, Adams, Ashley No - Fuller Abstain - None Absent - None Findinas: 1. That the proposed development is consistent with the General Plan since a single family dwelling is a permitted use within the Multi- family Residential designation. 2. 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 3 (New Construction). 3. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access • through or use of property within the proposed development since conditions have been included in regards to development adjacent to the sewer easement. 4. That the following exceptional or extraordinary circumstances apply to the land and building referred to in this application, which circumstances or conditions do not apply generally to land, building and /or uses in the same District: The unusual setbacks of the lot inhibits the property owner from designing a dwelling of comparable size to other homes in the area. That the approval of Variance No. 1217 is necessary for the preservation and enjoyment of substantial property rights of the applicant for the following reason: The proposed project is generally comparable to the size and bulk of other buildings in the surrounding neighborhood and strict application of setback requirements could result in a dwelling that is substantially smaller than otherwise permitted by the Zoning Code. 1. That the granting of a variance will not be detrimental to the health, safety, peace, comfort and general welfare of persons • residing or working in the neighborhood of the subject property 4 INDEX • City of Newport Beach Planning Commission Minutes March 5, 1998 • • and will not under the circumstances of the particular case be materially detrimental to the public welfare of injurious to property improvementsin the neighborhood because: The applicant has designed a dwelling that substantially preserves views of the Bay enjoyed by residents in the vicinity of the project. Conditions: That development shall be in substantial conformance with the approved site plan, floor plan and elevations submitted for the Planning Commission meeting of March 5, 1998, including the bedroom, stairwell, deck and chimney modifications. 2. That all conditions of Variance 1202 be complied with. SUBJECT: Bistango Restaurant (David Hohmann, applicant) 900 Bayside Drive (Continuedfrom February 19,1998) • Use Permit No. 3619 • Traffic Study No. 113 To allow the construction of a full service restaurant and cocktail lounge with outdoor patio dining. The application includes: • a request to allow a modification to the Zoning Code to allow the use of tandem parking in conjunction with valet parking service, • a request to waive a portion of the restaurant development standards specified by Section 20.82.040 of the Newport Beach Municipal Code, • live entertainment, • the sale and service of alcoholic beverages, and • continued service of alcohol after cessation of the regular food service before closing. Applicant has requested a continuance of this item to March 19th. Motion was made by Commissioner Selich to continue this item to March 19th. Without objection and by acclamation MOTION CARRIED - All Ayes INDEX Item No. 3 Use Permit No. 3619 and Traffic Study No. 113 Continued to 3/19/98 . City of Newport Beach Planning Commission Minutes March 5, 1998 SUBJECT: Dollar Rent A Car Systems (Michael Joyce- applicant) 3500-3510 Irvine Avenue • Use Permit No. 3624 To approve a use permit for Dollar Rent A Car to use an existing retail car rental facility formerly occupied by Alamo Rent A Car. Applicant has requested a continuance of this item to March 19th to allow time to discuss the pending application and report to the Commission with staff. Motion was made by Commissioner Selich to continue this item to April 9th. Without objection and by acclamation MOTION CARRIED - All Ayes SUBJECT: Tommy Bahamas Restaurant (Martin Potts, contact person) • 870 Avocado Avenue • Use Permit No. 3623 The project involves the approval of a use permit to allow the construction of a 5,767 square foot, single-story full-service restaurant with bar, patio dining and related off - street parking in the reciprocal parking lot of Corona del Mar Plaza. The operational characteristics of the proposed restaurant facility included in the use permit are as follows: • provision of alcoholic beverage service; • live entertainment (amplified and within the interior of the building); • a request to waive restaurant development standards specified by Section 20.82.040 of the Newport Beach Municipal Code; • the approval of accessory outdoor dining in conjunction with the restaurant facility. Ms. Temple noted that staff's primary issue is the operation of the restaurant in the area of live entertainment. The applicant requests that this application be approved without the condition proposed in the staff report that live entertainment could only occur with doors and windows closed. Ms. Temple then presented a draft condition provided by the applicant's representative. Continuing, Ms. Temple noted that in the Commission's approval for Houston's restaurant, a condition was accepted which essentially gave staff the authority to require • modifications to the operation should noise be heard at certain locations INDEX Item No. UP 3624 Continued to 4/9/98 Item No. 5 UP 3623 Continued to 03/19/98 • City of Newport Beach Planning Commission Minutes March 5, 1998 within the community. Staff believes that the presence of amplified music with emphasis on percussion or base related instruments is extremely difficult to control. Concluding, Ms. Temple requested that if the Commission approves this application, it does so with a conditions regarding sound control and closure of doors and windows during live entertainment as presented in Exhibit A. At Commission inquiry, Ms. Temple noted that the hours of out door dining operation recommended by staff is comparable to Houston's as well as the live entertainment and sound amplification. The closure of the hours is longer. The recommendation of daily closure at 12:00 p.m. is based on review of similarly run restaurants within Corona del Mar area. The parking at the plaza site is based on 15% of the gross floor area for restaurant operation as limited by the Planned Community text. Commissioner Gifford asked about the types of crime and how they are rated to which staff answered that these result from a review of a shopping center activity where a higher rate of crime is likely to occur. In looking at alcohol policies, staff is not quite as concerned with the Fashion Island area as have been for the peninsula where there is a closer relationship to residential. • Commissioner Selich clarified with staff: • Houston's closes at 11:00 p.m. every day • Houston's is approximately 60k+ outdoor seating • staff had suggested /requested (based on past experiences of live entertainment with doors and windows opened) the applicant to retain an acoustical consultant regarding the amplified music to which the applicant refused Ms. Temple noted that for staff to feel confident recommending approval with doors and windows opened, it would have to be based on a substantial amount of technical analyses and data. It was suggested, therefore, during discussion with the applicant, that a professional acoustical consultant be retained to look at the interior of the structure for the location of musicians, baffling and sound absorption measures to contain the noise within the building and within the shopping center site itself. The applicant has indicated to staff that having the doors and windows open is fundamental to their concept and business plan. Ms. Temple stated that the Planned Community text did not designate any specific site locations for restaurant and retail. At the time the Corona del Mar Plaza was approved, the applicant, The Irvine Company, knew only that there was going to be one particular site restaurant location (Houston's). The balance of the restaurant allocation was acknowledged to be anywhere else within the plaza. The building 40 configuration is in substantial conformancewith the approved site plan . City of Newport Beach Planning Commission Minutes March 5, 1998 Commissioner Ridgeway noted that the building the proposed restaurant is in is not a single purpose building, there is retail space adjacent to the restaurant. Commissioner Fuller asked about the orientation of the restaurant and what residences would be affected. Staff answered that it is oriented towards East Coast Highway and therefore not directly towards the residences. The staff report relates concerns with the possibility of noise associated with the facility's live entertainment and the outdoor dining area could disturb residential uses located across east Coast Highway and MacArthur Boulevard. Public Comment was opened. W. C. Wells, 1808 Northeast Cliff, Portland, Oregon - representing Tommy Bahamas noted: • open air restaurant concept with retail store • ambiance of island lifestyle through background music • was made aware during staff discussions of the conditions that Houston's agreed to relating to music coming from their premises • • asked for the option of suspending entertainment at that time if the music noise disturbs the residential neighbors (turning off or closing windows) • asked for hours of operation to midnight every day (same as Houston's) • not opposed to consulting with an acoustical consultant but not for matters of design Chairperson Kranzley asked about the letter sent to staff regarding island lifestyle and how important that the doors and windows remain open. It seems contradictory, that after spending so much money you would wait for a complaint from a resident and then would ruin the ambiance by closing the doors and windows. Why couldn't the music be registered before now? Mr. Wells stated that the neighbors want an immediate response and if in fact the music travels to that point, they will do their best to have open air music and not have it be a nuisance to the residents. Measuring could not be effectively done now, since the shopping center is not yet completed.. In answer to Commission query, he stated that there are two other Tommy Bahamas restaurants, one in Sarasota, and in Naples, Florida located in commercial areas. The noise ordinance in Florida is similar to the one here and to date have had no complaints. CommissionerSelich asked about: • why the acoustical problems could not be designed out ahead of 8 INDEX • City of Newport Beach Planning Commission Minutes March 5, 1998 time rather than later after so much money is spent • condition 6 totally unacceptableto applicant • denial rather than accept condition 6 recommended in staff report • non - amplified music Mr. Wells stated: • hiring an acoustical consultant is not part of regular project design due to timing, and, may not agree with recommendations from a design standpoint • condition 6 is not acceptable • prefers a denial rather than accept condition 6 • steel drum and acoustical guitar not amplified in the restaurant then would not be heard in all portions of the restaurant • no external paging system is used • windows directly on Coast Highway will not be opened due to traffic, noise and dust • average dinner check is $25.00 • internal bar • live entertainment will start at 7:00 p.m. and continue until an hour before closing • Commissioner Fuller asked staff if condition 6 was replaced by the applicant's suggested wording does condition 8 give staff the enforcement to assure compliance to which he was answered that condition 8 assumes condition 6 as written. Condition 8 would have to be re- worked if the applicant's suggested condition 6 was approved. Ms. Temple stated that the replacement of condition 6 gives the applicant more flexibility in determining how modifications are made to the operation if there are problems and would come into play only after violations are experienced. Rather than prevent a problem, it presents a path to ongoing resolution of problems after they are experienced. Staff's effort is to provide conditions that would in their opinion, not result in any complaints that would have to be addressed. Deborah Allen, 1021 White Sails Way, president of the Harbor View Hills Community Association, spoke in favor of restricting the operation of the proposed patio facility. Referencing photos taken, she noted: • noise will be heard by residents of Harbor View Hills • requests no amplified music • requested that patio doors and windows be closed at 9:00 p.m. during the week and no later than 10:00 p.m. on weekends • if it works and is not noisy, then Commission can look at it later • Houston's Restaurant has only one piano player with no amplification and is a different clientele • with food and alcoholic beverage service on the patio the doors will . be opening constantly ^ INDEX • City of Newport Beach Planning Commission Minutes March 5, 1998 • these problems need to be addressed before the restaurant is built and money is invested Discussion continued on the Houston's application, noise amplification, live entertainment and closure of patio, windows and doors. Barry Allen, 1021 White Sails Way - • referencing posted exhibits commented on the plaza open space along Coast Highway where there were proposed high -end clothing stores • noted that the applicant and representatives from The Irvine Company have met with homeowners regarding the use of this site. • discussed the levels of noise heard at his residence and • commented on the amount of parking for both the thirty employees and patrons for the restaurant • spoke of the homeowners concern of noise • number of complaints it would take • suggested staff call the City of Sarasota and the City of Naples to see what their experience is with Tommy Bahamas • put restrictions on this application before the restaurant is built - much . harder to correct later • recommended conservative approach to the opening of the restaurant The following spoke make similar remarks: Val Skoro, 1608 Boyadere Terrace, Chairman of the Irvine Terrace Homeowners Association Iris Kimmel, 1 1 14 White Sails Way Jean Morris, Sea Lane Owen Minney, 2601 West Coast Highway Mr. Wells disagreeing with some of the comments made and at Commission inquiry stated that: • this is an upscale, relaxed tropical proposed restaurantwith amplified music • their approach to this business would be to mitigate problems as they come up that night • they would be willing to close the patio an hour earlier than the main dining room • neither closure at 9:00 p.m. nor closure of windows and doors nor non - amplified music are not options • there are twenty -five to thirty employees on a given night • no suggested compromise is acceptable • Public Comment was closed. 10 INDEX • City of Newport Beach Planning Commission Minutes March 5, 1998 Motion was made by Commissioner Ridgeway to continue this item to April 9m to allow staff time to call the Cities of Sarasota and Naples and inquire as to the operation of Tommy Bahamas as well as having an acoustical guitar and steel drum sounds be measured by an acoustical engineer as it is heard at the Allen residence. The residents' concern of open windows and entertainment is real. Commission needs more information before making a decision on this matter. Based upon the design and operation of the proposed restaurant, there is no mitigation, it is all or nothing. CommissionerSelich stated that the applicant indicated to staff that they did not want to have an acoustical engineer. Commission needs to ask the applicant if he would be willing to do this. Commissioner Gifford affirmed the need for objective data as the applicant has not provided any letters from the police department in the Cities of Naples and Sarasota, no sound model, no sound report. All we have is the applicant's assurances. Public Comment was opened. • Mr. Wells stated he would be happy to test it. He noted that putting a steel drum or an acoustical guitar in the building that exists now is not a fair example of what noise will be created. Without objection and by acclamation, MOTION PASSED - All Ayes SUBJECT. Alcoholic Beverage Outlet Ordinance City of Newport Beach • AmendmentNo.869 Amendment to add new Chapter 20.89 to Title 20 of the Municipal Code to establish regulations for the operation of retail alcoholic beverage outlets. At Commissioarequest, this item is continued to April 9th. Without objection and by acclamation, MOTION PASSED - All Ayes ADDITIONAL BUSINESS: a.j City Council Follow -up - Oral report by the Assistant City Manager . regarding City Council actions related to planning - Assistant City 11 INDEX Item No. 6 Amendment No. 869 Continued to 4/9/98 Additional Business • City of Newport Beach Planning Commission Minutes March 5, 1998 Manager Sharon Wood reported that at the meeting of February 23,d Council adopted an Amendment to Planned Community Regulations to the Koll Center, initiated the recommended General Plan Amendment, resolved Fletcher Jones light issue and modified conditions of approval for Windows on the Bay. 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 - Modifications were approved for 1025 East Balboa Boulevard, 7406 West Ocean Front #B, 216 Poppy Avenue, 7010 West Ocean Front and was disapproved for 1020 Kings Road. b.1: 447 Old Newport Boulevard: Temporary use of trailer in conjunction with a commercial use. Owen Minney, applicant on behalf of Westport Marine. Chairperson Kranzley called up Modification No. 4659 (32 Cape Andover) which will be presented April 9, 1998. C.) Oral report from Planning Commission's representative to the • Economic Development Committee- none d.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting: 0 Commissioner Adams asked for a report on Sid Soffer's establishment. Commissioner Gifford asked for a report on status of trailer /bins still located behind the old Savannah's Chairperson Kranzley asked for a report on Cassidy's e.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none f.) Requests for excused absences -none ADJOURNMENT: 9:30 p.m. THOMAS ASHLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 12 INDEX