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HomeMy WebLinkAbout05/21/1998• Planning Commission Minutes May 21, 1998 'Regular Meeting - 7:00 p.m. • • ROLL CALL CITY OF NEWPORT BEACH Commissioners Fuller, Ridgeway, Selich, Kranzley, Gifford, Adams and Ashley — Commissioners Selich and Ashley were excused, Chairperson Kranzley arrived at 7:10 p.m. and Commissioner Ridgeway left at 8:00 p.m. 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 May 7, 1998: Motion was made by Commissioner Ridgeway, and voted on, to approve, as written, the May 7, 1998 Planning Commission Minutes. Ayes: Fuller, Ridgeway, Gifford, Adams Noes: None Absent Selich, Ashley, Kranzley Abstain: None Public Comments none Postina of the Agenda: The Planning Commission Agenda was posted on Friday, May 15, 1998 outside of City Hall. INDEX Minutes Approved Public Comments Posting of the Agenda City of Newport Beach • Planning Commission Minutes May 21, 1998 SUBJECT: Thermolose Corporation (Robert van Osdel, applicant) 401 Newport Center Drive, Suite 216 • Use Permit No. 3630 To permit the establishment of an independent massage use as an accessory use in an existing laser -based hair management and cosmetic personal service salon. Ms. Temple presented the staff report noting that no additional floor area is being proposed with this application and that the project has been analyzed relating to the Municipal Code requirements for massage establishments. Public Comment was opened and closed. Motion was made by Commissioner Ridgeway for approval of Use Permit No. 3630 subject to the findings and conditions in Exhibit A. Without objection and by show of hands, MOTION CARRIED. • Ayes: Fuller, Ridgeway, Gifford, Adams Noes: None Absent: Selich, Kranzley, Ashley Findings: 1) The proposed development is consistent with the General Plan since an independent massage establishment is a permitted use in the Retail and Service Commercial designation. 2) The 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) The proposed massage establishment will not be contrary to the public interest or injurious to nearby properties and is consistent with the legislative intent and the location requirements for massage establishments established in Chapter 20.87 of the Municipal Code for the following reasons: The massage establishment is not within 500 feet of a public or private school, park or playground, civic center, cultural site or church site. r1 U INDEX Use Permit No. 3630 Approved City of Newport Beach • Planning Commission Minutes May 21, 1998 • The massage establishment is not within 500 feet of any massage establishment. • The massage establishment is part of a larger, personal service salon, which is a use typically found in commercial districts. 4) The approval of Use Permit No. 3630 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: The proposed operation of the massage establishment is an accessory use to a state licensed cosmetology establishment, and is consistent with the legislative intent of Chapter 20.87 of the Municipal Code. The massage establishmentwill not create a parking impact. Conditions: • 1. That development shall be in substantial conformance with the approved site plan and floor plan, except as noted below. 2. That at least three parking spaces for each 1000 sq. ft. of gross floor area shall be provided on site for the proposed facility. 3. That only one licensed massage technician shall be permitted at any one time, and that the addition of any additional massage technicians to the business shall be subject to an amendment to this use permit. 4. That the project shall comply with State Disabled Access requirements. 5. That all applicable requirements of Chapter 5.50 of the Municipal Code shall be fulfilled. 6. That the hours of operation shall be limited between 9:00 a.m. and 8:00 p.m. daily, and further that the hours of operation shall not extend beyond those governed by the Fashion Island Mall. 7. 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 • 3 INDEX City of Newport Beach • Planning Commission Minutes May 21, 1998 • E the health, safety, peace, morals, comfort, or general welfare of the community. 8. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. SUBJECT: Amendmentto front yard setbacks Broad Street A resolution of intent to amend Districting Map No. 5 to establish a front yard setback of 20 feet from the newly established property lines of properties located between Santa Ana and Redlands Avenue on both sides of Broad Street. Ms. Temple noted that this resolution would initiate an amendment that would be concurrent with the abandonment of right -of -way on Broad Street. If this amendment is initiated, it will be brought forward for public hearing on the first available agenda. At Commission inquiry, she noted that the setback would be more generous than the existing setback. Public Comment was opened. Ms. Cora Newman, 2809 Broad Street spoke in favor of this item stating that this unusual street would be more attractive if this is approved. Public Comment was closed. Motion was made by Commissioner Ridgeway to adopt Resolution No. 1467 initiating Amendment No. 873. MOTION CARRIED. Without objection and by show of hands, Motion Carried. Ayes: Fuller, Ridgeway, Gifford, Adams Noes: None Absent: Selich, Kranzley, Ashley INDEX Item No. 2 Initiate Amendment No. 873 Approved • City of Newport Beach Planning Commission Minutes May 21, 1998 JP's of Newport Beach (Erik Romeson, applicant) 3450 Via Oporto • Use Permit No. 3626 Request to allow the re- establishment of the existing Warehouse Restaurant which included on -sale alcoholic beverages, dancing and live entertainment as JP's of Newport Beach, a new full service restaurant and entertainment facility. The application includes alcoholic beverage service, outdoor patio dining, both indoor and outdoor live musical entertainment and indoor dancing. The application also includes a request to permit a variety of interactive and skill games, the use of valet parking service and to waive a portion of the required parking. Chairman Kranzley arrived at this time. Ms. Temple presented the staff report noting additional information as requested by Commission: • parking inventory of Lido Village Area • chart reflects the parking requirement (189) of the prior use approval of the Magic Island which has been revoked • alternative approach to parking analysis which recognizes more of the area assessed as arcade space as opposed to restaurant space • second floor operation is recognized as a game area which lowers the amount of the parking waiver • a subsequent user would have to apply for a new use permit if they wish to change the nature of operation on second floor parking information: city hall parking lot has 121 parking spaces which includes 32nd Street, some of which are occupied by city vehicles; Via Lido Plaza lot has 309 parking spaces the retail occupancy of the plaza, if assessed on existing requirements, would require 327 parking spaces, resulting in a deficit of 18, however, that deficit does not account for 13 spaces which have been granted credit by the City Council for renovation of supermarket and 11 spaces credit for land dedicated to the City for widening of Newport Boulevard, additionally, there has been a waiver of 220 parking spaces for the Edwards Theater • Thunderbird current use is office on part of the second floor and the whole of the first floor is vacant • base parking requirement for the shopping center includes the allocation of 8 spaces for 503 32nd Street • change to condition 3 to add the valet parking service and the use of the parking structure shall be provided at no charge to patrons and employees of the restaurant • change to condition 16 that all employees shall park free in the parking structure or on 32nd Street parking lot INDEX Item No. 3 Use Permit No. 3626 City of Newport Beach • Planning Commission Minutes May 21, 1998 Commissioner Gifford asked for and received clarification of the chart on page 3 of the staff report. Ms. Temple noted that there is an agreement between the Lido Marina Village and the Warehouse that gives authority to park in the structure during the day which is reflected in the new conditions. (200 during the day and 175 at night) Public Comment was opened. Chairperson Kranzley noted for the record that he listened to the tape of the previous meeting on this subject. Jerry King, representingthe applicant, spoke to the Commission noting: • upper floor of Magic Island (Thunderbird) has been converted to office space (4,600 to 5,100 square feet); downstairs would be larger with the removal of the kitchen area (approximately 6,000 to 7,000 square feet) • reduction in the waiver from 91 to 41 spaces • loss of major tenant has been detrimental to surrounding businesses • signage will be a major improvement • validation will take parking off the street • interactive game business is viable • agree to findings and conditions as reported in staff report and noted this evening Chairperson Kranzley noted that the parking would be 1 space for 250 square feet on retail use. Ms. Temple noted that the requirement for parking would be reduced if the Magic Island site was developed with office /retail use. (reduction of 145 spaces using 11,000 square footage total of both floors). Commissioner Ridgeway additionally noted that even if a restaurant were to come in, the parking requirement would still be less. Marcia Dossey, representing the Via Lido Plaza merchants and management noted the following: • clients pleased that a new business is coming in • concerned with unacceptable conditions continuing - parking waivers • impractical parking at 32nd Street lot • parking structure has problems • loss of business directly related to parking problems • passive security provided by Via Lido plaza • approximately 120 boats parked in the 85 slips at Lido Marina Village • want a comprehensive parking plan to be provided by applicant with . review by both public and Commission before this application is 6 INDEX City of Newport Beach • Planning Commission Minutes May 21, 1998 decided signage program plan should also be reviewed in conjunction with a parking plan City has opportunity to address long standing problems at Lido Marina Village and surrounding areas boat shows are not required to pay for security Staff noted that a boat show requires a special event permit (through the City Manager who has the authority to asses conditions) and special permits (through the Marine Department) and, if on a consistent basis, may be required to provide off -site parking and shuttle facilities in association with those permits. Ms. Britt Leahy, 4 Latitude Court, as shop owner next to the address of the applicant, spoke in favor of the application. She stated that her move of March 15th, 1996 to this address was predicated on the restaurant being in business as a major tenant. She asked for this issue to be resolved as 507o of her business is down as a result of the Warehouse being closed. Mr. Dennis Leahy, 4 Latitude Court spoke in support of the application noting the lack of business in the area due to the restaurant being closed . and the lack of clientele. He noted the layoffs of existing businesses as they also are having trouble making ends meet. Any new studies that were requested would be so detrimental because of the time involved. There are ways to control a private parking lot. Jerry King, speaking for the applicant, noted that the retail sales of boats is substantial and there have been successful restaurants and retailers in the area. The boat shows are a separate venue and licensed separately from the merchants. The security is passive with the use of chalk marks on tires and timing. He concluded saying that there is a waiver of over 200 spaces for their neighbor (Edwards Theater) and the Warehouse restaurant can do all the things noted in the staff report, have a liquor license, live entertainment and dancing, and have a game permit. What Commission has is an opportunity to address the major issue of parking. The applicant is willing to do all things identified by staff in their report, because if will help the business. Public Comment was closed. Commissioner Adams, supporting the application, noted the following: • Via Lido Plaza enjoys the major anchor of the supermarket which has a waived parking • this is a well mitigated plan • a new comprehensive parking plan is not going to create new parking spaces in Newport Beach • • does not agree to holding up this project which is needed for the 7 INDEX City of Newport Beach Planning Commission Minutes May 21, 1998 economics of this area for a parking plan • it has not only free valet parking, it has parking that will be validated if patrons self park • sign program can be done by city staff - suggested perhaps the use of the garage wall on Newport Boulevard side • changes have been made to the old Magic Island building by the revocation of the old use permit - a restaurant can not go back into that site without a new use permit • this is a good plan which will help the problems of the past • and, something has to be done for the shopping center Commissioner Giff ord noting support of the application stated: • proposed new conditions will be useful in helping the parking situation • the center owners need to recognize that the residents of the immediate area know where they can park for which use and where they can't • the two centers, even with signs, aren't known by the general public as to which is which, so there needs to be some effort to help people rather than the name of a piece of property Commissioner Ridgeway agreeing with what was said, stated his support for this application noting that this plan gives the opportunity for the two major groups (Lido Marina Village and Via Lido Plaza) to work together. However, the payment of a parking guard should be considered in the permit process by the City Manager. Motion was made by Commissioner Ridgeway for approval of Use Permit 3626 subject to the findings and conditions in Exhibit A and with the modified conditions 2, 3 and 24 and the added conditions 29 and 30 and condition 16 amended to allow the employees to park in either locations and shall be free parking. Commissioner Fuller, supporting the application, agreed with previous comments and additionally noted the extra 150 spaces that can be picked up from the old Thunderbird (Magic Island) use. Chairperson Kranzley, agreeing, stated that this is an opportunity to clean up the situation. Without objection and by show of hands, Motion Carried. Ayes: Fuller, Ridgeway, Kranzley, Gifford, Adams Noes: None Absent: Selich, , Ashley s INDEX City of Newport Beach . Planning Commission Minutes May 21, 1998 Findinas: 1. The proposed development is consistent with the General Plan and is compatible with surrounding land uses. 2. 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 a restaurant is a permitted use within this designation. 3. 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 I (Existing Facilities). 4. The request of Use Permit No. 3620 to waive a portion of the required parking may be approved for the following reasons: • The proposed restaurant /entertainmentfacility is located in a multi- tenant commercial village which is comprised of uses whose parking demand does not occur simultaneously. • • The long term use of the commercial village will not generate a parking demand which could not be accommodated by the parking structure unless a higher concentration of food uses were to occupy more of the buildings in Lido Village which would generate additional parking demand. • Adequate off - street parking spaces exist in the parking structure for the benefit of the proposed restaurant facility and the other uses in the Lido Marina Commercial Village to accommodate the proposed change in the restaurant facility. • A municipal parking lot is located in useful proximity of the proposed use. 5. The approval of Use Permit No. 3626 to allow the establishment of the restaurant facility 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: • The restaurant use is compatible with the surrounding commercial uses since restaurant uses are typically allowed in commercial districts and conditions of approval have been incorporated which will minimize noise impacts. 9 INDEX City of Newport Beach Planning Commission Minutes May 21, 1998 The restrictions on the use of outdoor live entertainment and patio speakers should limit potential noise impacts on the neighboring commercial businesses and residential uses. Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That 200 parking spaces shall be provided for the daytime operation and 175 spaces shall be provided for the evening operation within the Lido Village Parking structure and that a waiver of 41 parking spaces shall be granted. 3. The valet parking service and the use of the parking structure shall be provided at no charge to the patrons of the restaurant and the restaurant shall provide a minimum of 4 hours of parking validation in the structure at no charge to the patrons. • 4. 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. 5. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 6. That the proposed restaurant facility and related parking structure shall conform to the requirementsof the Uniform Building Code. 7. That the project shall comply with State Disabled Access requirements. 8. That speakers located in the outdoor dining area of the restaurant shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. Should any music emanating from the patio speakers or indoor live entertainment be heard across Via Oporto or the surrounding property lines, the patio speaker volume shall be reduced as determined by the Planning Director, to eliminate any noise impacts. Further, that the speakers shall not be utilized in conjunction with the sound system of the live entertainment or paging of patrons. The outdoor speakers will be utilized for ambient background noise and shall be limited to pre- recorded music only. 9. That the applicant shall retain a qualified engineer specializing in • noise /acoustics to monitor the sound generated by the live 10 INDEX City of Newport Beach Planning Commission Minutes May 21, 1998 entertainment to insure compliance with these conditions, if required by the Planning Director. 10. That a valet operations plan shall be reviewed and approved by the City Traffic Engineer. 11. That valet vehicles will not be allowed to block the roadway. The valet parking lanes operation shall be monitored at all times by the applicant's representatives at the site. If back -ups occur, the incoming customers shall be directed to bypass the facility. If a traffic congestion problem occurs on Via Oporto related to the restaurant facility that is not immediately corrected, the Planning Commission may recommend to the City Council revocation of this Use Permit, 12. That all improvements be constructed as required by Ordinance and the Public Works Department. 13. That no outdoor television monitors shall be permitted in conjunction with the restaurant use. 14. That outside promoters of any kind shall be prohibited unless an • amendment to this use permit is first approved. 15. That security shall be provided, and that the applicant shall submit a security plan for the restaurant to be approved by the Police Department prior to building occupancy. 16. That all employees shall park free in the parking structure or, on the 32nd Street lot. 17. That the hours of operation shall be limited to 10:00 a.m. to 2:00 a.m. daily. 18. That all trash shall be stored within the building or within dumpsters stored in a trash enclosure, or otherwise screened from view of neighboring properties except when placed for pickup by refuse collection agencies. The trash dumpsters shall be fully enclosed and roofed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 19. That the applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 20. That the project shall be designed to eliminate light and glare spillage 11 INDEX City of Newport Beach Planning Commission Minutes May 21, 1998 on adjacent uses. 21. That a covered washout area for refuse containers and kitchen equipment shall be provided in such away as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Director and the Public Works Director in conjunction with the approval of an alternative drainage plan. 22. That all mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 23. That dancing and live entertainment shall be permitted only in accordance with a Cafe Dance Permit and Entertainment Permit issued by the Revenue Manager in accordance with Title 5 of the Newport Beach Municipal Code. 24. That the indoor live entertainment shall be limited to the hours of 9:00 p.m. to 1:30 a.m. only and that noise from the proposed live entertainment shall be confined to the interior of the building, and further that the doors and windows of the facility shall remain closed whenever live entertainment is performed within the restaurant facility, and further that noise generated by the restaurant facility shall comply with Chapter 10.26 of the Municipal Code. 25. That outdoor live entertainment shall be limited to the hours of 10:00 a.m. to 10:00 p.m. daily, and the entertainment shall be limited to non - amplified acoustical instruments only with two performers maximum. No sound amplification, brass or percussion instruments shall be permitted at any time. 26. That 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. 27. 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. 28. That this Use Permit shall expire unless exercised within 24 months from 12 INDEX City of Newport Beach Planning Commission Minutes May 21, 1998 the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 29. The applicant shall develop and provide a directional signing program for the parking structure which identifies the entrance location, hours of operation, validations and rates subject to the approval of the Planning and Traffic Departments. 30. An evaluation of the striping in the parking structure shall be conducted by a professional traffic engineer at the cost of the applicant. If additional parking can be provided in a manner acceptable to the City Traffic Engineer, the revised striping plan shall be implements prior to the issuance of a Certificate of Occupancy for the restaurant. ADDITIONAL BUSINESS: ia.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - Mrs. Wood reported that at the last Council Meeting, the Outdoor Dining Permit approved by staff for Mama Gina's was called up to be heard by the Planning Commission, also called up was the approval by Planning Commission for the condominium project at 738 Tustin Avenue, the Bayshores Inn General Plan zoning changes were approved, the Alcoholic Beverage Ordinance was continued and a Sign Inventory for the Balboa Peninsula was presented. 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 - Ms. Temple noted, and Commission agreed, that a change in procedure to produce packets of these activities every Friday to be mailed to both Commission and City Council will be initiated. This action will therefore eliminate this item from the Additional Business listing. 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 - none 13 Additional Business INDEX City of Newport Beach Planning Commission Minutes May 21, 1998 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: 8:15 p.m. THOMAS ASHLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 46 0 14 INDEX