Loading...
HomeMy WebLinkAbout04/24/1997• Ll • CITY OF NEWPORT BEACH Planning Commission Minutes April 24, 1997 Regular Meeting - 7:00 p.m. Present: Commissioners Fuller, Ridgeway, Kranzley, Adams, Gifford, Selich and Ashley - Chairperson Adams and Commissioner Gifford were excused. STAFF PRESENT: Sharon Z. Wood, Assistant City Manager, Community and Economic Development Robin Clauson, Assistant City Attorney Rich Edmonston, Transportation and Development Services Manager Ginger Varin, Executive Secretary to Planning Commission Minutes of April 10, 1997: Motion was made by Commissioner Selich and voted on to approve, as clarified, the April 10, 1997 Planning Commission Minutes. Ayes: Fuller, Ridgeway, Kranzley, Selich, Ashley Noes: none Absent: Adams, Gifford Abstain: none Public Comment x none Posting of the Agenda Mrs. Wood stated that the Planning Commission Agenda was posted on Friday, April 18, 1997 outside of City Hall. Minutes Public Comments Posting of the Agenda • City of Newport Beach Planning Commission Minutes April 24, 1997 • L� SUBJECT: 2118 West Oceanfront Blackie's by the Sea (Thirtieth Street Architects, applicant) • Use Permit No. 3607 Request to permit a change in the operational characteristics and interior alterations of an existing bar that was established prior to requirement of a use permit. The application requests to: • allow a change in the facility to establish full alcoholic beverage service; • increase the size of the area devoted to the service of alcoholic beverages (approximately20 square feet); • the waiver of specif ic restaurant development standards. Mrs. Wood presented the staff report stating that this item is a result of the City Council action with regard to an upgrade of a liquor license from beer and wine to full service. The business is in an area that is "over concentrated" with liquor license according to state law. The City Council agrees that the liquor license could be upgraded because this is an establishment that has not been problematic in the past and the applicant has agreed to apply for a Use Permit for the establishment along with this change in the operation. This is such an old business that there is no previous use permit so there are no conditions of approval. The applicant has agreed that the conditions of approval would mirrorwhat the existing operations have been. The physical changes are minor with interior alterations which decrease the net public area. The establishment does not meet current development standards as it is in a very old building and is an old use. It has operated without problems, therefore, staff recommends approval of the application. Commissioner Selich asked about the existing non - conforming building with the uses conforming to the general plan and zoning. It is non - conforming by the fact that there is no current use permit. He clarified that by approving this application, we would have a conforming use in a non - conforming building. Commissioner Ridgeway asked about and received clarification on item 18 in conditions. It was clarified that the Planning Commission and City Council have the ability to take action to revoke a permit if the applicant has not complied with the conditions. Public Hearing was opened. Mr. John Loomis, Thirtieth Street Architects, applicant - speaking on behalf of the owners and operators stated that they have reviewed the conditions with the owners. The owners would like to open on Saturdays and Sundays at 9:30 during a portion of the football season to accommodate the Eastern pro football game viewing by the patrons. This has been the historical practice, which they would like to continue under the new Use Permit. INDEX Item No. 1 UP No. 3607 Approved • City of Newport Beach Planning Commission Minutes April 24, 1997 Commissioner Fuller asked for and received clarification. Is it only on those days that a pro game starts at 9:30 a.m. that you want to open at 9:30 a.m., so that on the next Sunday that the game started later than 9:30 a.m. Blackie's would not be opened at 9:30 a.m. to which Mr. Loomis replied, yes. Commissioner Ashley stated that the televised games start at 10:00 a.m. Mr. Loomis answered that yes, but when the college games cease, some of the pro games are scheduled earlier due to scheduling both on Saturdays and Sundays. Mr. Les Bobbit, manager- stated that about the last two weekends of the season, the pro foot ball games start at 9:30 on both Saturday and Sunday. Discussion then followed regarding the bar area and game room footage. It was noted that the net public area for the restroom and storage, kitchen and service were changed from 496 square feet to 510 square feet, and, the net public area for the bar area and game room were changed from 894 sq. ft to 880 square ft.. Commissioner Fuller asked about and received information on the remodeled floor plan, placement and dimensions of where equipment will be housed and video and • skill games. Mr. Bobbit stated that there are two pool tables and four videos on the premises. It was also clarified that the owners of the building are the City of Newport Beach and the University of Calif omia, Irvine. The property was bequeathed to the City through a Trust. At Commission inquiry, Mr. Loomis stated that he has read, understands and agrees to the conditions and findings attached to Use Permit No. 3607. City Council approval of the change in the liquor license is conditioned on the applicant obtaining the CUP and the intent is to bring this into a controlled situation and to have standard conditions to implement further review if problems should arise. Public Hearing was closed. Motion was made by Commissioner Ridgeway for approval of Use Permit No. 3607 pursuant to the findings and conditions as attached in Exhibit A of the staff report, changing the opening hour to 9:30 a.m. during the months of December and January on weekends only. Ayes: Fuller, Ridgeway, Kranzley, Selich, Ashley Noes: none Absent: Adams, Gifford Abstain: none �J `1.101 • City of Newport Beach Planning Commission Minutes April 24, 1997 Findings: 1. That the Land Use Element of the General Plan.and the Local Coastal Program Land Use Plan designate the site for "Retail Service Commercial" uses and a bar is a permitted use within this 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 (Existing Facilities). 3. That the proposal involves no physical improvements which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That the waiver of development standards as they pertain to setbacks, walls (surrounding the restaurant /bar site), parking and traffic control, landscaping and lighting meets the purpose or intent of the development standards as they apply to restaurant /bars, which will not be achieved to any greater extent by strict compliance with those requirements for the following reasons: The existing physical characteristics of the site will not be altered since the work is interior work and the exterior building walls are not • affected. • Walls in full compliance with the standards would adversely impact traffic circulation in the alley setback. • The same purpose or intent of the required walls surrounding the property to control noise can be achieved by the limitation on the hours of operation and the fact that no specific noise generating activities, such as live entertainment, are permitted in this facility. • The project does not include any exterior alteration which would adversely impact existing traffic circulation through the alley or pedestrian pathways in the public right -of -way. • The remodeling proposed constitutes a minor change which does not warrant an increase in the landscape area to achieve greater conformance with the development standards and the addition of landscaping cannot be accomplished due to the building being built out to the property lines at the front and rear of the property. • There have not been any past complaints related to lighting; and the Code requirement's intent or purpose can be achieved by insuring that the existing light sources mounted on the subject building are directed in a manner consistent with the provisions of the Municipal Code. 5. The approval of Use Permit No. 3607 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 • INDEX • City of Newport Beach Planning Commission Minutes April 24, 1997 the general welfare of the City, for the following reasons: • The proximity of the municipal parking lots are adequate to serve the parking demand of the proposed bar facility. • The interior alterations result in a reduction in the overall net public area and the general parking requirement for the area. • The proposal is a change of alcohol license of an existing bar and is not the addition of a new liquor license to an overconcentrated area. • The existing bar establishment has generated a low number of Police and Department of Alcoholic Beverage Control problems in the area. • The bar use is compatible with the surrounding commercial and residential uses since bar uses are typically allowed in commercial districts and the proposed use is less intensive than the existing one at this location. Conditions: That development shall be in substantial conformance with the approved site plan, floor plan and elevation, except as noted below. 2. That the hours of operation shall be limited between the hours of 10:00 a.m. and 11:00 p.m., Sunday through Thursday; 10:00 a.m. to Midnight, Fridays and • Saturdays except during the months of December and January when the opening hour will be 9:30 a.m. Saturdays and Sundays. Any increase in the hours of the facility shall require an amendment to the use permit. 3. That the approval is only for the establishment of a bar type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale and service of alcoholic beverages with incidental food service. 4. That live entertainment and dancing shall be prohibited, unless an amendment to this use permit or other required application is first approved in accordance with the provisions of the Municipal Code. 5. That this approval shall not be construed as permission to allow concerts or a theater /nightclub use as defined by the Municipal Code, unless an amendment to this use permit is first approved by the Planning Commission. 6. That all signs shall conform to the provisions of the Municipal Code. 7. That the proposed bar facility shall conform to the requirements of the Uniform Building Code, including State Disabled Access requirements, unless otherwise approved by the Building Department. 8. That the placement and use of the skill games (pool tables or other amusement devices) shall be in accordance with the provisions of Chapter 5.34 of the Newport Beach the Municipal Code and the appropriate permit • INDEX • City of Newport Beach Planning Commission Minutes April 24, 1997 CJ 17J shall be obtained from the Revenue Manager. Further, that the facility shall be limited to a maximum of 6 skill games and one juke box, as defined by Chapter 5.34 of the Newport Beach Municipal Code. �. That all mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 10. That the area outside of the establishment, including the public sidewalks, shall be maintained in a clean and orderly manner. The operator of the facility may be required to provide periodic steam cleaning of the public sidewalks as determined by the Public Works Department. 11. That the project shall be designed to minimize light and glare spillage onto adjacent properties or uses. That prior to issuance of a certificate of occupancy, the applicant shall demonstrate to the Planning Department that the exterior lighting system has been evaluated and the light sources redirected or shielded, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent properties. That prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule on evening inspection by the Code Enforcement Division to determine substantial conformance with the intent of this condition of approval, the control of light and glare. 12. That storage outside of the building in the front or at the rear of the property shall be prohibited. 13. That no outside paging system shall be utilized in conjunctionwith this facility. 14. That no temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the establishment. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 15. That kitchen exhaust fans shall be installed in accordance with the Uniform Mechanical Code and approved by the Building Department. That issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 16. That the project will comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. 17. That a wash -out area for refuse containers and kitchen equipment shall be provided and the area drains directly into the sewer system unless otherwise INDEX • City of Newport Beach Planning Commission Minutes April 24, 1997 approved by the Building Director and Public Works Director in with the approval of an alternative drainage plan. 18. That 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. 19. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 2. SUBJECT: McDonald's Restaurant (John Lardas, applicant) • Use Permit No. 3516 Amended Mrs. Wood stated that the Planning Commission may wish to make a motion to reconsider the action taken in regards to this item on April 10, 1997, as the applicant • may not have received adequate notice of the Commission hearing of that date. Motion was made by Commissioner Ridgeway to reconsider the motion approved on April 10, 1997 for Use Permit No. 3516 as the applicant may not have been given adequate notice. Ayes: Fuller, Ridgeway, Kranzley, Selich, Ashley Noes: none Absent: Adams, Gifford Abstain: none 3. SUBJECT: 2807 Newport Boulevard McDonald's Restaurant (John Lardas, applicant) • Use Permit No. 3516 (Amended) Review of The Planning Director's determination that an amendment to the existing Use Permit is required to allow the retention of 10 (ten) stools in the customer ordering /service area. Public Hearing was opened. Mr. John Lardas, 2807 Newport Blvd., operator and applicant - apologized for not being at the previous meeting and spoke on the issue of the stools. He explained that 11 INDEX Item 2 UP No. 3516 A Reconsidered Item No. 3 UP No. 3516 A Director's Determination Upheld • City of Newport Beach Planning Commission Minutes April 24, 1997 anything he does at the store is okayed from the McDonald's Corporation. Based on that approval from the corporation, he installed the stools. He stated he does not understand the CUP nor the minutes. He stated the stools were put in for convenience not to generate more business. Due to lack of business, he is trying to make it convenient for the customers. People sit there but don't occupy a lot of time there. The dining room had 32 seats when first opened, now it is down to 24 seats because he re- distributed seating to make it less congested. When the additional stools were put in, he didn't know he was in violation. It was brought to his attention upon receipt of a letter from Ms. Temple. He continued stating he would like to keep the stools if possible and would like to hear Commission's recommendations. He referred to Mr. Ben Ortega, consultant with McDonald's, stating Mr. Ortega could go through the CUP and those minutes. Commissioner Ridgeway commented that the issue is not a land use issue, and it would have been simple if the City ordinances had been respected. The issue is disregard for the ordinance shown when the stools were installed without a subsequent conditional use permit amendment. Discussion proceeded referencing the questions regarding seating and purpose of the enclosed service area, which were asked and answered during the meeting of 12/7/95 referencing the verbatim transcription attached in the staff report. • Acting Chairperson Kranzley clarified with Mr. Lardas that he was present at the December 7th meeting. During that meeting questions were asked if seating was to be installed, and the answers were, no. Additionally, he continued, you were not in compliance with the prior conditions until the morning of that meeting. That morning you changed the ingress, egress signs. It was noted that the applicant had not been in compliance from the period of time the restaurant opened until December 7th even after repeated contact from city staff. Discussion ensued. Commissioner Ridgeway stated that it appeared that there was always an intent to have those stools installed in total disregard for what was discussed, deliberated and voted on at that meeting. A representation has been made tonight that a reallocation of seating has been made. Staff can not answer that. I can make a motion to continue this and have Mr. Lardas make an application for a conditional use permit that will allow for a review of the necessary arrangements. Acting Chairman Kranzley clarified with Assistant City Attorney Clauson regarding the hearing tonight as not regarding the use and the addition of seating, but rather a review of the Planning Director's determination so any discussion of whether the stools would be approved or not approved is not appropriate tonight. Ms. Clauson stated as far as discussion, yes. Basically, the determination is, are they required to remove the stools or are the stools in substantial compliance with the plans submitted and the permit that was issued or are they required to amend the use permit. Any discussion of subsequent items should be held for when the item has been INDEX • City of Newport Beach Planning Commission Minutes April 24, 1997 noticed for a public hearing. Commissioner Fuller clarified with Mr. Lardas that Mr. King represented him the night of December 71h to which Mr. Lardas answered yes. The question that Mr. Kranzley asked as noted in the testimony of the meeting relating to seating in the enclosure, Mr. King answered that seating is not requested at all on this application. There was a second statement regarding this same matter later during that some meeting. Commissioner Selich then asked Mr. Lardas why there are no condiments on the condiment counter to which Mr. Lardas answered the condiments were placed on top of the trash containerthat was installed. Commissioner Selich continued, stating then that the condiment area is not being used the way it was intended on the application? Mr. Lardas answered, yes. Commissioner Fuller asked about the reference in the testimony of the condiment counter being the some as the store on Coast Highway. It is not the same, the stools are being used for long term seating. Mr. Lardas answered that the stools are not for long term eating. People who use the stools use them for five minutes, then leave. In the dining area, they sit for a half hour. is Napkin and straw dispensersas well as promotional items are on the counter. Mr. Ben Ortega, Hogle- Ireland Inc., of Irvine distributed a fact sheet and floor plan to the Commission. Acting Chairperson Kranzley stated that the fact sheet is not appropriate to discuss as parking and seating considerations are not being considered at tonight's hearing. This information will be taken up if the applicant files for a new use permit. Discussion tonight is whether McDonald's, as it stands right now, is in compliance with the original conditions and with original intent of the CUP. Mr. Ortega referenced the floor plan showing the proposed customer service area and the existing dining room. No where is seating shown in either of these areas, he looked at the CUP to find out if there was a limit for total seating or location of seating, but found none. At Commission inquiry, Mr. Ortega stated he read the staff report with the verbatim minutes and has no question on what was discussed. He further explained that since no mention was made as to the number of seating that the reallocation of seating was not inconsistentor in violation of the CUP. Public Hearing was closed. Commissioner Selich stated he supports the original motion made at the last meeting. It was clearly represented at the meeting of December 71h, that there was to be no • INDEX City of Newport Beach Planning Commission Minutes April 24, 1997 seating in this area irrespective of floor plans, never any indication of a reallocation of seating. He was particularly concerned about the seating as the condiment bar was a rather odd looking appurtenance in this new customer service area. To not support the original motion just continues to reward the applicant for not conforming. At Commission inquiry, Ms. Clauson clarified the item has been reconsidered so a new motion has to be made. The motion that was passed two weeks ago is null and void. It can be re- introduced and voted on tonight. The motion made then was, "that the Commission make a finding that this project, as implemented with additional seating in the enclosed waiting area was not in conformance with the plans approved and conditions of approval. Staff is directed to notify McDonald's that the additional seating is to be removed within fourteen days" Motion was made by Commissioner Selich that the Commission make a finding that this project, as implemented with additional seating in the enclosed waiting area was not in conformance with the plans approved and conditions of approval. Staff is directed to notify McDonald's that the additional seating is to be removed within fourteen days. Substitute Motion was made by Commissioner Ridgeway that the applicant remove the seats within fourteen days or file for an amendment to the Use Permit within fourteen days. • Commissioner Fuller stated he supports the substitute motion. Mr. King misled the Commission and if he did or didn't what are we going to do about it? Commissioner Ashley stated he supports Commissioner Selich's motion. There has been a violation of trust and Mr. Lardas has stated this evening that since the restaurant has opened he has changed the configuration of seating that was originally there, therefore there is a reduction in the number of seats. In as much as the applicant has not conformed to the original use permit and put in stools that he said he would not do through Mr. King, the only thing this Commission can do is to tell him since they were erected illegally, they now have to be removed. If Mr. Lardas wishes to re- install that which he never had the right to do in the first place, he can return before the Planning Commission and apply for the right to reinstall them. Acting Chairperson Kranzley clarified for the record that Mr. King was the representative at that point in time (December7th, 1995) and the applicantwas in the audience and was conferred with and was in agreement to what was said by Mr. King. Called for the vote of the Substitute Motion: Ayes: Fuller, Ridgeway Noes: Kranzley, Selich, Ashley Absent: none Abstain: none • U INDEX • City of Newport Beach Planning Commission Minutes April 24, 1997 Called for the vote of the Original Motion: Ayes: Fuller, Kranzley, Selich, Ashley Noes: Ridgeway Absent: none Abstain: none ADDITIONAL BUSINESS a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - At Council meeting of April 14th approved on second reading were the Old Newport Specific Plan and the Mesa Drive Re -zone; an amendment to the Zoning Code that would prohibit the conversion of apartments to condominiums as well as the construction of new condominiums on Balboa Island was initiated and will be heard by the Planning Commission on May 8th. Also discussed was the Newport Center Economic Opportunity proposals and, accepted in concept, the development proposal for the expansion of Newport Center and Fashion Island. Staff was directed to solicit proposals for consultant services to analyze the conceptual plans as referenced in the staff report (copies distributed to • Commission). b.) Oral report by the Planning Director regarding Outdoor Dining Permits, Specialty .Food Permits, Modification Permits and Temporary Use Permit approvals- Outdoor Dining Permits were approved for The Ritz Restaurant and Jackshrimp Newport, Inc. Modifications were approved for 258 Prospect St., 619 Lido Park Drive, 165 Shorecliff Road, and 209 Fernleaf Avenue. C.) Oral report from Planning Commission's representative to the Economic Development Committee - Commissioner Selich reported that the EDC is now refocusing its activities as many of the original goals and objectives have been met. Trying to present a more balanced image of the EDC as residents of Newport Beach as opposed to the perception of being too business oriented, is one of the priorities. Reports will be forthcoming on how the EDC will be setting and implementing new goals and objectives. d.) Oral report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee - Speak Up Newport will be presented on May 7th at 6:00 p.m. as part of the community outreach. Meetings have been held with various groups that have been formed to address some of the specific issues brought up in Project 2000. The financing plan will be brought up at the Council meeting on April 28th for consideration. e.) Matters which a Planning Commissioner would like staff to. report on at a subsequent meeting - Commissioner Fuller has suggested that any new • 11 INDEX Additional Business • City of Newport Beach Planning Commission Minutes April 24, 1997 conditions and findings be italicized to show the difference from the original conditions and findings in the staff report. This would facilitate members to recognize changes and approve the minutes of the meeting. 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 Ashley to be excused from May 81h meeting. ADJOURNMENT: 8:05 p.m. ED SELICH, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • • 12 INDEX