Loading...
HomeMy WebLinkAbout03/07/1996COMMISSIONERS • 9\51 CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: March 7, 1996 MINUTES ROLL INDEX CALL Commissioner Gifford was excused, all other Commissioners were present * ** EX- OFFICIO OFFICERS PRESENT: Robin Clauson, City Attorney Patricia Temple, Acting Planning Director * ** Rich Edmonton, Traffic Engineer Ginger Varin, Executive Secretary Minutes ofFebruar_y 8.19967 Minutes 2/8/96 Motion Motion was made and voted on to approve as amended, the February 8, Ayes — * * * * * 1996, Planning Commission Minutes. MOTION CARRIED - 6 Ayes, 1 Absent Absent * ** Public Comments: None Public Comment. Posting of the Agenda: Posting Agenda Ms. Temple stated that the Planning Commission Agenda was posted on Monday, March 1, 1996, outside of City Hall. • of of COMMISSIONERS • �o��°ti G'�L�L 1 r L 4 CITY OF NEWPORT BEACH MINUTES inns ROLL CALL INDEX SUBJECT: Residential Building Permits Item I Review and discussion Continued to the Planning Commission Meeting on April 4, 1996. Continue 4/4/96 SUBJECT: California Restaurant Ent. Item 2 1614 San Miguel Drive Use Permit No. 3544 UP 3544 To approve a use permit to allow the establishment of a take -out Approved restaurant (as opposed to the existing specialty food establishment) with incidental seating and on -sale beer and wine. ` Ms. Patricia Temple noted the last time this particular item was considered by Commission, the applicant was requested to retain the services of a professional traffic engineering firm to assess the parking availability for the subject restaurant. That study has been accomplished and is included in the staff report. Staff was available for questions from Commission. Chairperson Ridgeway asked about the new parking plan that was mentioned in the staff report, but which was not attached. Mr. Rich Edmonston stated the Traffic Engineering office had reviewed the new plan. It shows wider than normal stalls being narrowed to gain additional parking spaces as well as a planter being modified to create additional spaces. The work has already been accomplished but not inspected to date. The number of stalls added is approximately 8. Chairperson Ridgeway stated for the record that he did meet with the property management, Hollis and Associates, and a representative from the Irvine Company with Commissioner Adams at City Hall this week. ' 2 3 to COMMISSIONERS 4 r L. CITY OF NEWPORT BEACH MINUTES March 7, 1996 ROLL CALL INDEX Public Hearing was opened. Mr. Lee Vuille, 1614 San Miguel Drive - applicant, appeared before the Commission. In response to commission inquiry, Mr. Vuille stated that he understands and agrees to the terms and conditions proposed for Use Permit No. 3544. Ms. Jennifer Ciccone, Hollis and Associates of 4255 Campus Drive, Irvine - spoke to the Commission regarding the parking lot reconfiguration work, she noted some of the work has been completed, more needs to be done. The balance of the work is scheduled for the week of March 18th with completion by the 22 "d. There will be a total of eleven (11) additional stalls after the reconfiguration work is completed. Mr. Darrel Zerfass, Austin Foust Associates - stated that they had ' performed a traffic study for the project. He answered questions of the Commission regarding days /month the observations were made, seasonal adjustments, peak parking demand time and project peak time. He affirmed that parking for this use peaks during the noon hour and the Christmas season would probably not have very much of an effect on the parking for this business. He stated that there are no internal circulation problems created by adding the eleven (11) stalls. Public Hearing was closed. Commissioner Adams observed that the February graph used in the parking study illustrates there will be a greater parking accumulation during other months of the year. The study identifies the fact that the change being considered will add a demand of eleven (11) spaces. The applicant, by doing the restriping for nine spaces, is making up for the additional demand save two spaces. There is a parking problem at the shopping center and it can be expected that the shopping center will... continue to have parking problems during peak demand periods. ' 3 COMMISSIONERS �G9 AQ%i • �9 CITY OF NEWPORT BEACH MINUTES March 7, 1996 ROLL CALL INDEX Chairperson Ridgeway commented that February is, in shopping centers, a slow time. Obviously during November and December, when they reach their peak demand, there will be a different parking demand. He has no problem with what is being shown tonight, overall the center does have significant parking problems during the months of November and.December. He hopes that this operation will be clearly take out, and, if it is sit down, it will be in the evening time. Motion . * Motion was made for approval of Use Permit 3544 subject to the findings and conditions in Exhibit A. MOTION CARRIED. Ayes Absent * FINDINGS: 1. The proposed take -out restaurant is consistent with the General Plan and is compatible with surrounding land uses. • 2. The project will not have any significant environmental impact. 3. That the proposed take -out restaurant use can be adequately served by existing on -site parking, inasmuch as the proposed facility is located in a shopping center with a large pool of parking. 4. That the waiver of development standards as they pertain to parking lot illumination, walls, landscaping, and a portion of the, required parking (42 spaces) will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 5. That a parking demand study was performed by an independent traffic consultant, and that the City Traffic Engineer concurs with the findings of the study. 6. That the approval of Use Permit No. 3544 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. • 4 COMMISSIONERS ��o� 9ocog9� • `Oy �i9�'9pj F�� E CITY OF NEWPORT BEACH MINUTES LA --- U ^1 1 00K ROLL CALL I INDEX 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 the proposed development shall be in substantial conformance with the approved plot plan, revised parking plan and floor plan, except as noted in the following conditions. 2. That the additional seating may not be installed until such a time that the revised parking lot has been restriped to provide the proposed 276 parking spaces, as approved by the City Traffic Engineer. 3. That all signs shall conform to the provisions of the Sign Code. No temporary "sandwich" signs shall be permitted, either on -site or off- ' s site, to advertise the take -out restaurant facility. 4. That the development standards as they pertain to walls, landscaping, parking lot illumination, and a portion of the required parking (42 spaces) shall be waived. 5. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 6. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 7. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. r L. 4 COMMISSIONERS F CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 8. That dancing or live entertainment shall not be permitted in conjunction with the restaurant facility unless an amendment to this use permit is approved by the Planning Commission. 9. That no outdoor sound system shall be utilized on -site, and that any recorded music shall be confined to the interior of the building. 10. That all restaurant employees shall be required to park on -site at all times during the time which the restaurant is operating. 11. That trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 12. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining properties. ' 13. That the hours of operation shall be limited to between the hours of 6:00 a.m. and 11:00 p.m. daily, unless an amended use permit is approved by the Planning Commission. 14. That the outdoor seating areas in the shopping center shall not be used exclusively by the subject restaurant use. 15. That no off -sale beer and wine shall be permitted in conjunction with the subject restaurant. 16. That the on -sale service of beer and wine shall be incidental to the primary food service operation of the restaurant. 17. That Specialty Food Service Permit No. 17 is hereby null and void. 18. That the Planning Commission may add or modify conditions of approval to the 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 ' 6 COMMISSIONERS r L_ 4 CITY OF NEWPORT BEACH MINUTES A.1..«.1. '7 1 noC ROLL CALL INDEX to the health, safety, peace, morals, comfort or general welfare of the community. 19. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. : *s SUBJECT: The Regatta Cafe Item 3 3421 Via Lido Use Permit No. 1799 (Amended) UP 1799 Amended Ms. Temple reported that this particular item comes back to Commission ' after having been removed from calendar. The applicant has received the Approve necessary approval of the landlord in order to submit the application. At issue is the amplification for this live entertainment proposal. This particular restaurant is unique in its operational characteristics and physical design in that during most of the hours of operation, it is operated with open doors and windows. The only time the windows are closed is during inclement weather. Staffs suggested conditions of approval addressing the live entertainment limit it to two persons and allows no amplification whatsoever. The applicant had contacted staff and indicated that he is desirous of having a vocalist utilize microphone amplification. After discussion with the Assistant City Attorney, staff agrees that once any form of amplification is allowed in association with this live entertainment, it will be difficult for staff to control amplification if the entertainment changed its characteristics. Typically, sound amplification is allowed only with all windows and doors closed. Chairperson Ridgeway asked for clarification of the report stating that it be limited to one entertainer, non - amplified. Was it on a 90 day trial basis with two entertainers? ' 7 COMMISSIONERS r CITY OF NEWPORT BEACH MINUTES March 7, 1996 ROLL CALL I INDEX Staff answered that there have been two entertainers and the singer has been using the hand microphone system that they are desirous of receiving approval for. There have been no complaints or police contact that Planning Department staff has been made aware of to date. Commissioner Kranzley expressed concern with the inconsistent definition of amplified sound. Most acoustic guitar players, for instance, use amplifiers, a technical violation of conditions, yet they would not be considered a nuisance. He questioned if there was a measurement level that could be used to prevent the typical problems that happen with amplified sound. In this area with no immediate residences, it may be appropriate to have a pianist and singer perform with the windows and doors open. Ms. Clauson, Assistant City Attorney, stated that the city staff is currently trying to deal with decibel levels. A problem exists in that there must be appropriate equipment, calibration and personnel to run the COMMISSIONERS r CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Mr. Fereydoon Kazempoor, 3421 Via Lido, applicant - stated that he has been operating over a year and a half and two or three months ago, received a temporary permit for the music. They have one piano player and one singer. During the months the entertainers have been performing, several people (not necessarily patrons) often stop to enjoy the music. Chairperson Ridgeway asked the applicant if their landlord, Fritz Duda put any limitations on the restaurant lease or controls over the music. Mr. Kazempoor said yes, the noise has to be under control. His restaurant is the primary function, but with the addition of the music, his business jumped 35 %. At Commission inquiry, he explained the review process by Fritz Duda Company, for the lease /use of the restaurant. ' Chairperson Ridgeway stated to the applicant that the Commission is sympathetic to the request. The problem is, it's a Use Permit and it goes with the building. If, in three years from now, you move and go somewhere else, somebody else can come in and if it says two entertainers, it could be a drummer and a guitarist because the permit goes with the building. That is the problem the Commission is trying to solve. Commissioner Adams asked how much flexibility is needed regarding the type of music. Technically, the Commission could issue a permit for a piano and vocalist. This might be a way to address the concerns of the Commission and the desire of the applicant. Mr. David Dixon, singer for the restaurant - requested the Commission to re-word the proposed condition to state two entertainers simultaneously. This would allow for other waiters to provide entertainment. He continued with discussion on variety and types of entertainment, sound system in the restaurant and comfort level of diners. ' 9 COMMISSIONERS r� r- 1 �1V CITY OF NEWPORT BEACH MINUTES M.r- - er innc4 ROLL CALL INDEX It was indicated by staff that the Use Permit currently allows the restaurantto operate from 7:00 a.m. to 12:00 midnight. This amendment will establish the time for the live entertainment. Suggested condition number eleven (11) would allow the live entertainment until 11:00 p.m. on Sunday through Thursday and to closing time on Saturday. Ms. Robin Ryan, property manager for Fritz Duda Company - reassured the Commission that an amendment has been done to Mr. Kazempoor's lease. This amendment includes the limitation of the live entertainment for his lease only and does not run with any assignments or subsequent lessees. If any complaints are received from any other tenant, the live entertainment will be removed from the restaurant. Public Hearing was closed. ' Commissioner Selich stated that the Commission might consider putting a one year expiration date on the entertainment aspect and have it come back for re- approval after that time period. By that point in time, the Zoning Code re-write should be accomplished and would provide for another method of approving this use that would not be a part of the Use Permit. Chairperson Ridgeway asked staff if this could be brought back in one year and if there could be an expiration to the entertainment portion. Ms. Clauson stated that the approval could include a provision for review and approval within a year. At the time of review, a determination could be made to modify or change it. There can be no expiration with the person, the Use Permit goes with the land. Commissioner Kranzley asked for a continuance for six months or so and for the Acting Director to grant another temporary permit for six months which would run through September. That would give staff time for zoning code study and perhaps this would be taken care of that way. ` 10 COMMISSIONERS r 91 17 <<L�V CITY OF NEWPORT BEACH MINUTES X/F­1, 1 1004 ROLL CALL I INDEX Staff stated that Commissioner Kranzley's proposal would be permitted by the code but not under the approval of the Planning Director. Temporary uses in excess - of ninety (90) days would need to be authorized by the Planning Commission. A one (1) year temporary permit could be issued by the Planning Commission if they choose. Ms. Clauson suggested that the Commission approve the Use Permit in the form they would like and then have it be reviewed in a year. At that point, it could be modified or revoked but it would automatically come back to the Commission for review of or if there were any problems /complaints. Commissioner Adams determined that this would not address the concern of the running with the land. This tenant will not abuse this permit, so what is the review in a year going to do? His concern is this COMMISSIONERS 0 \ 0 \i\Vq0fflm1\0\ F- L_ 4 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX agenda and come before the Commission for a one or two year temporary permit. At that time, either another Planning Commission could deal with it or hopefully, in six months, there would be another process in place where the Commission could allow this to happen for a tenant. This would be a permit that runs with the tenant, not the land. Mr. Kazempoor stated that he has another restaurant in Long Beach that has an entertainment license with a four piece band. There is dancing and entertainment in that restaurant, maybe the Commission should call to check this out. Commissioner Kranzley explained that the Commission is struggling to grant this and hopes the applicant is not misunderstanding the procedures. ' Chairperson Ridgeway asked about a ninety (90) temporary permit charge. There would be no charge. Staff answered that the procedure for a temporary permits at the end of our agenda, there is a standard place holder for reports from the Planning Director. The requirement is that we prepare conditions for the temporary approval and staff must report that action to the Planning Commission before it becomes effective. Commissioner Pomeroy suggested that the Planning Commission continue this for ninety (90) days and direct the Acting Planning Director to issue a temporary permit and upon ninety (90) days from now, we will hear this with the idea that the Planning Commission would issue a temporary permit. Commissioner Adams asked if the applicant had any comments in this matter. Chairperson Ridgeway re- opened the public hearing. ' 12 COMMISSIONERS per. j. CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX At the request of the applicant for further clarification, Chairperson Ridgeway explained that the suggestion is a ninety (90) day temporary permit, then staff will prepare the application for a new hearing. At that time, the Commission will issue a temporary permit that is longer than ninety (90) days. Commissioner Adams further explained that this is nothing to do with the operation of the applicant. What the Commission is concerned about is the fact that the permit being considered tonight runs with the land and could be abused in the future by a subsequent tenant. Commissioner Thomson asked if the Commission grants the permit, aren't there remedies if there are nuisances created? Chairperson Ridgeway affirmed that was a good point and stated that . during his tenure he can not recall a permit that runs with the land that has been abused by a subsequent lessee. There are remedies if this should happen. Commissioner Adams stated that the landlord is of the same mind set and. that is they are not willing to give carte blanch for entertainment in this particular part of the building. Maybe there is a predominant history of this not being a problem, but this is becoming an ongoing concern. Commissioner Pomeroy stated he has sat through several revocation proceedings and stated that the system does not work very well. This is a much more effective method of assuring compliance. Motion MOTION was made that the Planning Commission direct the Acting Planning Director to issue a ninety (90) day permit, set this application for a public hearing and renotification for the Planning Commission to issue a longer temporary permit within ninety (90) days. Substitute Motion * A Substitute Motion was made to grant Use Permit No. 1799 as amended allowing amplified music. Substitute motion, MOTION FAILED. Noes * • 13 Ages Absent COMMISSIONERS 100� CITY OF NEWPORT BEACH MINUTES ROLL INDEX CALL Ayes Original MOTION CARRIED - 6 Ayes, l Absent Absent SUBJECT: For Your Imagination, an Instructional Facility Item 4 2865 East Coast Highway, Suite 200 Use Permit No. 3577 UP 3577 Establishment of a private art and computer instruction facility for Approve children and adults. Staff had no additional comments and was available for Commission • questions. Public Hearing was opened. Ms. Stacey Hovee Hammond, 2865 Coast Highway, East, Suite 200, and Lisa Mingear, applicants in response to Commission inquiry, stated that they understood and agree to the terms and conditions of Use Permit No. 3577. At inquiry by Commission, they stated they teach ages 4 to adult. Public Hearing was closed. motion * Motion was made for approval of Use Permit No. 3577 subject to the findings and conditions in Exhibit A. MOTION CARRIED - 6 Ayes, 1 Ayes * * * * * Absent Absent • 14 COMMISSIONERS s �Qohmolfl CITY OF NEWPORT BEACH MINUTES AR.... L '7 1004 ROLL CALL INDEX SUBJECT: Newporter North stem 5 1501 Jamboree Approved Staff reported this is not a public hearing item, but it is required by the Code that the Planning Commission take action on the establishment of street names. The developer of the Newporter North Project has requested a change from those approved in association with the original tentative tract map. This is a subdivision on Jamboree where there is current grading. Motion * Motion was made to approve the street name change as original proposed in the staff report. MOTION CARRIED - 6 Ayes, l Absent Ayes Absent • SUBJECT: Specialty Food Service Permits item 6 Discussion item only. Discussion ADDITIONAL BUSINESS: Additional Business a.) City Council Follow -up - A verbal report by the Acting Planning Director regarding City Council actions related to planning - Morgan Development was approved at a reduced seven unit project level. Read and, passed to 2nd reading were the two ordinances recommended by the Commission regarding the Time Share Condominium section of the Code and the Specialty Food Use changes. The Council introduced the ordinance for the Specialty Food Use with the limited alcoholic beverage service beer and wine as recommended by the Commission but also included the ability to request to live entertainment up to three entertainers, which was not recommended by the Planning Commission. At the previous Council meeting, the requested . 15 COMMISSIONERS L 9 �� ir\ CITY OF NEWPORT BEACH MINUTES XA --- U '7 1 nnc ROLL CALL INDEX GPA and zoning amendment for Amling's was removed and tabled. b.) Verbal report by the Planning Department Manager regarding Outdoor Dining Permit, Specialty Food Permits, Modification Permits and Temporary Use Permit approvals - Specialty Food Service Permits were approved for Pacific Bagel Partners, L. P. and Bruegger's Bagels. Modification Permits were approved for 401 Morning Star Lane and 1461 Superior Avenue. c.) Verbal report from Planning Commission's representative to the Economic Development Committee - none d.) Verbal report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee - none ' e.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - none f.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none g.) Requests for excused absences - Commissioner Pomeroy will be absent from Planning Commission meeting on March 21" and Commissioner Kranzley will be absent from Planning Commission meeting on April4' . ADJOURNMENT: 9:00 P.M. sus MICHAEL KRANZLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSIO ' 16