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HomeMy WebLinkAbout07/09/1992COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES 4s� a� PLACE: City Council Chambers TIME: 7:30 P.M. DATE: July 9, 1992 CITY OF NEWPORT BEACH ROLL CALL I J I I T I I I I INDEX Present * * * * Absent * * Commissioner Debay and Commissioner Gross were absent. * e r EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Dick Hofstadt, Subdivision Engineer Dee Edwards, Secretary Chairman Di Sano expressed his appreciation to the Commission for their support in 1991 -92, during his term as Chairman of the Planning Commission. He announced that Commissioner Debay and Commissioner Pomeroy were reappointed by the City Council as Commissioners, and that Commissioner Gross resigned as Commissioner, effective August 6, 1992, because of business obligations. Chairman DiSano nominated Commissioner Tom Edwards as Ayes * * * * Chairman of the Planning Commission for 1992 -93. Commissioner Chairman Absent Edwards was elected Chairman of the Planning Commission. Tom Edwards Commissioner DiSano nominated Commissioner Norma Glover as Ayes * * * * Vice Chairman of the Planning Commission for 1992 -93. vice Absent * * Commissioner Glover was elected Vice Chairman of the Planning Chairman Commission. Glover Commissioner DiSano nominated Commissioner Harry Merrill as Ayes * * Secretary of the Planning Commission for 1992 -93. Commissioner secretary sent * * Merrill was elected Secretary of the Planning Commission. Merrill COMMISSIONERS ��0� �� CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL INDEX, James Hewicker, Planning Director, and Chairman Edwards presented Commissioner DiSano with a plaque for appreciation and recognition as Chairman of the Planning Commission from July, 1991, to July, 1992. Commissioner Pomeroy commended Commissioner DiSano for serving as Chairman during the past year, and he recognized Commissioner Barry Gross' service as Commissioner in 1991 -92. Chairman Edwards acknowledged that Commissioner. Barry Gross was an excellent Commissioner. Minutes of June 18, 1992: Minutes of Commissioner Pomeroy requested that page 41 be corrected to 6/18/92 state ...rigid straight wall at the 40 foot setback which would be unattractive.. Otion * Motion was made and voted on to approve the corrected June 18, Ayes * * * 1992, Planning Commission Minutes. MOTION CARRIED. Absent s s s Public Comments: Public . Conments No one appeared before the Planning Commission to speak on non- agenda items. Posting of the A ee nda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, July 3, 1992, in front of City Hall. -2- COMMISSIONERS `O d CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL INDEX Use Permit No. 3448 &blic Hearing) stem No Request to permit the continued operation of an existing UY3448 independent massage establishment on property located in the Approved Newport Place Planned Community District. The proposal also includes a request to waive the location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. LOCATION: Lot 1, Tract No. 7394, located at 4101 Westerly Place, on the northwesterly side of Westerly Place, between Dove Street and Quail Street, in the Newport Place Planned Community. ZONE: P -C • APPLICANT: Chong Hui Sin, Newport Beach OWNER: America Fund 90- Newport Beach, Newport Beach William Laycock, Current Planning Manager, suggested that Finding No. 2, Exhibit "A ", be revised to delete which has a significant financial investment in the current location inasmuch as the phrase is not necessary to the finding. In response to a question posed by Commissioner Glover, Robin Flory, Assistant City Attorney, explained that at least 20 existing massage parlors would be able to apply for use permits based on the requirements of the Massage Establishment Ordinance. The public hearing was opened in connection with this item, and Ms. Chong Hui Sin, applicant, and Ruby Kay Pierc, appeared before the Planning Commission. They concurred with the findings and conditions in Exhibit "A ", as revised, after receiving a clarification of Exhibit "A' from Ms.. Flory. There being no others desiring to appear and be heard, the public • hearing was closed at this time. -3- COMMISSIONERS CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL INDEX Motion Motion was made and voted on to approve Use Permit No. 3448 Ayes * subject to the findings and conditions in Exhibit "A ", as revised. Absent * * MOTION CARRIED. FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the waiver of the location requirement of 500 feet between other independent massage establishments is justified in that the subject business is an existing facility. 3. That the project is consistent with the General Plan and is compatible with surrounding land uses. 4. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the existing development. 5. That the Police Department has indicated that there are not any police problems associated with the subject operation. 6. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. 7. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 8. That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. • -4- COMMISSIONERS 11 d \Ot\N cT� CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL INDEX 9. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 10. The approval of Use Permit No. 3448 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. CONDITIONS: 1. That the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. • 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That the requirement for a minimum 500 foot distance from other independent massage establishments is waived. 5. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 6. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 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 the health, -5- COMMISSIONERS July 9, 1992 � r CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. • Use Permit No. 3451 (Public Hearing) Item. No.2 Request to permit the continued operation of an existing UP3451 independent massage establishment on property located in the M -1- A District. The proposal also includes a request to waive the Approved location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. LOCATION: Lot 28, Tract No. 3201, located at 4320 Campus Drive, on the southeasterly side of Campus Drive, between Dove Street and MacArthur Boulevard, across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Thu Tam Ngo, Fountain Valley OWNER: Richard Kissinger, Newport Beach William Laycock, Current Planning Manager, requested that . Finding No. 2, Exhibit "A ", be revised to delete which has a significant financial investment in the current location. inasmuch as the phrase is not necessary to the finding. The public hearing was opened in connection with this item, and Bruce Ragland, 6632 Chapman Avenue, Garden Grove, appeared before the Planning Commission on behalf of the applicant. He concurred with the findings and conditions in Exhibit "A", as revised. Mr. Ragland presented a letter in rebuttal to Ms. Lonna Smith /Shangri La Spa's letter of opposition to the subject use -6- COMMISSIONERS • ),,\N CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL 11 fill I INDEX permit dated June 24, 1992, that is attached to the staff report. Mr. Ragland explained that the rebuttal states that the Police Department has indicated that there are not any police problems associated with the subject operation, and that the existing massage establishment is in conformance with all applicable provisions as indicated in Finding No. 1, Exhibit 'W'. Ms. Carolyn Stevens, an employee at the subject operation, appeared before the Planning Commission to present a letter of rebuttal to Ms. Smith's aforementioned letter of opposition. Mr. Richard Kissinger, property owner, appeared before the Planning Commission. Mr. Kissinger requested to read the two foregoing letters of rebuttal. There being no others desiring to appear and be heard, the public Otion hearing was closed at this time. Use Permit No. 3451 - * Motion was made and voted on to approve - - Ayes * * * * * subject to the findings and conditions in Exhibit "A", as revised. Absent * MOTION CARRIED. FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the waiver of the location requirement of 500 feet between other independent massage establishments is justified in that the subject business is an existing facility. 3. That the project is consistent with the General Plan and is compatible with surrounding land uses. 4. Adequate off- street parking and related vehicular circulation are being provided in conjunction with the existing development. -7- COMMISSIONERS A d 0��eG July 9, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL Ill Jill I INDEX 5. The Police Department has indicated that there are not any police problems associated with the subject operation. 6. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. 7. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 8. That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. 9. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 10. The approval of Use Permit No. 3451 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. CONDITIONS: 1. That the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. -8- COMMISSIONERS July 9, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That the requirement for a minimum 500 foot distance from other independent massage establishments is waived. 5. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 6. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 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 the health, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. x x x Use Permit No. 3452 (Public Hearin) Item No.3 Request to permit the continued operation of an existing UP3452 independent massage establishment on property located in the M -1- Approved A District. The proposal also includes a request to waive the location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. LOCATION: Lot 44, Tract No. 3201, located at 4063 Birch Street, on the northwesterly side of Birch Street, between Dove Street and Quail Street, -9 COMMISSIONERS � o July 9, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANT: Song Cha Kim, Newport Beach OWNER: Koll Management Services, Newport Beach James Hewicker, Planning Director, requested that Finding No. 2, Exhibit "A ", be revised to delete which has a significant financial investment in the current location. inasmuch as the phrase does not apply to the finding. The public hearing was opened in connection with this item, and Mr. Ruben Martinez appeared before the Planning Commission on behalf of the applicant, and he concurred with the findings and conditions in Exhibit "A ", as revised. He explained that the establishment is new, and the property owner has indicated that the operation would not put a blight on the area. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. 3452 Ayes * * * subject to the findings and conditions in Exhibit "A ", as revised. Absent * MOTION CARRIED. FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the waiver of the location requirement of 500 feet between other independent massage establishments is justified in that the subject business is an existing facility. 3. That the project is consistent with the General Plan and is • compatible with surrounding land uses. 10 COMMISSIONERS July 9, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL JJJ 1111 1 INDEX 4. Adequate off- street parking and related vehicular circulation are being provided in conjunction with the existing development. 5. That the Police Department has indicated that there are not any police problems associated with the subject operations. 6. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. 7. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 8. That the continued operation of the existing massage • establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. 9. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 10. The approval of Use Permit No. 3452 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. 1. That the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. -11- COMMISSIONERS 0"\No July 9, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That the requirement for a minimum 500 foot distance from other independent massage establishments is waived. 5. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 6. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept • closed while such music is played. 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 the health, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. -12- COMMISSIONERS .o O July 9, 1992 CITY OF NEWPORT BEACH MINUTES ROLL. CALL Al till I INDEX Use Permit No. 3449 (Public Hearing) Item. No.4 Request to permit the continued operation of an existing UP3449 independent massage establishment on property located in the C -1- H District. Approved LOCATION: Parcel 1, Parcel Map 71 -18 (Resubdivision No. 478) located at 1000 West Coast Highway, on the northerly side of West Coast Highway, across from the Balboa Bay Club. ZONE: C -1 -H APPLICANT: Kim Nguyen, Newport Beach OWNER: Deeb Investments, Toluca Lake The public hearing was opened in connection with this item, and Mr. Donald Silverman, Anaheim, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Ayes * * * * Motion was made and voted on to approve Use Permit No. 3449 Absent subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the project is consistent with the General Plan and is compatible with surrounding land uses. • -13- COMMISSIONERS � 0 July 9, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL V. INDEX 3. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the existing development. 4. The Police Department has indicated that there are not any police problems associated with the subject operation. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. b. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 7. That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. 8. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 9. The approval of Use Permit No. 3449 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. CONDITIONS: 1. That. the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. -14- COMMISSIONERS iO o July 9, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 5. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 6. 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, or that the massage operator or any massage . technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. t i ! Use Permit No. 3450 (Public Hearing) item No.5 Request to permit the establishment of an automobile sales and UP3450 rental facility on property located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan. Approved LOCATION: A portion of Lot A, Tract No. 919, located at 2000 West Coast Highway, on the northerly side of West Coast Highway, across from Ardell's Yacht Brokerage, in the Mariner's Mile Specific Plan Area. -15- COMMISSIONERS CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL INDEX ZONE: SP -5 APPLICANT: Mike S. Afiuny, Downey OWNER: Ardell Investment Co., Newport Beach The public hearing was opened in connection with this item. Al Hayes appeared before the Planning Commission on behalf of the applicant. Mr. Dan Daniels, Vice President of Ardell Investment Co., property owner, appeared before the Planning Commission. Mr. Daniels stated that the undeveloped property has been rented on a monthly basis for many years for the display and sale of small boats. The subject operation has requested to display and sell automobiles in the same manner of the previous boat operations. He indicated that the subject property would be master planned and developed when economic conditions improve, and the property owner will propose a development plan to the Planning Commission within the next three to five years. Mr. Daniels indicated that the requested conditions are excessive in terms of cost inasmuch as the requested use is temporary. He addressed Exhibit "A ", Condition No. 4, ...that the on -site drainage be collected and conveyed to West Coast Highway through a box culvert or curb drain.. and he requested that the foregoing portion of Condition No. 4 be deleted inasmuch as he was not aware of any drainage problem on the site. Conditions No. 8 through 10 address landscaping, and he concurred that the conditions should be required of a permanent development; however, the subject use is temporary and he requested that the conditions be deleted. He expressed his concern that the requested use requires Coastal Commission approval as provided in Condition No. 23. In response to a question posed by Chairman Edwards, Dick Hofstadt, Subdivision Engineer, explained that subsequent to his conversation with the City's Grading Engineer and a review of the Site Plan, the Public Works Department is not concerned with a drainage problem on the property, and he would not object if a • portion of Condition No. 4 would be deleted. He pointed out that -16- COMMISSIONERS � o July 9, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX the condition also states ..unless otherwise approved by the Public Works Department;.. In response to a question posed by Chairman Edwards, Mr. Hewicker addressed Condition No. 8 through 10 regarding required landscaping. He explained that the property owner has not provided a firm time limit regarding how long the subject applicant would occupy the premises, and inasmuch as the use permit runs with the land, staff has treated the application as a use that would occupy the property permanently. Commissioner Glover addressed Condition No. 10, wherein she stated that she would agree to modify the condition if it stated That the landscape area shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition, and she would agree if the landscaping consisted of potted plants, etc. Commissioner Glover concurred with Chairman Edwards that The landscaping shall be provided with a permanently installed irrigation system could be deleted. Commissioner Glover further suggested that Condition No. 8, requesting that a setback area of 7 feet 6 inches along West Coast Highway frontage be landscaped, and No, 9, requesting a landscape plan, be deleted. Commissioner Pomeroy suggested that a time limit be placed on the conditions of the use permit to complete the landscaping requirements at a future date. Commissioner Merrill suggested that wooden planter boxes could be temporarily installed with a drip system, and the planter landscaping would enhance the property. He further recommended that at the end of a specified time limit that permanent landscaping be required. In response to a question posed by Mr. Hewicker, Mr. Daniels explained that the weeds on the site will be removed, and the paved area will be seal coated. Mr. Daniels agreed to a condition that would limit the temporary landscaping to 36 months on the basis that the property owner intends to provide a development plan by that time: -17- COpMMISSIONERS July 9, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commissioner DiSano stated that the landscaping requested by staff would enhance the ability of the applicant to display the vehicles, and he suggested that the conditions remain as presented in Exhibit "A". Mr. Hayes reappeared before the Planning Commission wherein he described how the property would be used as a showroom for displaying exotic and expensive automobiles. He explained that inasmuch as the applicant is not certain that the subject location would be advantageous, they have signed a month -to -month lease. Mr. Hayes agreed with the suggestion that a time limit be placed on the temporary landscaping. In response to a question posed by Chairman Edwards, Mr. Hayes concurred with the findings and conditions in Exhibit "A ". • There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 3450 subject to the findings and conditions in Exhibit "A". Substitute motion was made to approve Use Permit No. 3450 Substitute - subject to the findings and conditions in Exhibit "A" with the Motion following revisions: Modify Condition No. 4 and delete and that the _ on -site drainage be collected and conveyed to West Coast Highway through a box culvert or curb drain unless otherwise approved by the Public Works Department; that a time limit of 36 months be added to Conditions No. 8, 9, and 10 from the 'date of the subject application; add Condition No. 28 stating That. a temporary landscaping system be provided on the premises prior to occupying the property. That a temporary landscaping plan be established for the site Said landscaping plan to be approved by the Parks, Beaches and Recreation Department and the Planning Department. In response to a question posed by W. Hewicker, Commissioner Pomeroy explained that at the end of 36 months, the applicant would be required to provided permanent landscaping on the property in full compliance with Conditions No. 81 9, and 10. -18- COMMISSIONERS .o o July 9, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commissioner Merrill suggested that the substitute motion retain Condition No. 4 inasmuch as the provision gives the Public Works Department the ability to review the drainage system. The maker of the motion concurred. Commissioner Glover suggested that the following be added to added Condition No. 28: That the landscape area shall be regularly maintained free of weeds and debris. All, vegetation shall be regularly trimmed and kept in a healthy condition She supported the substitute motion on the basis of the number of empty buildings that exist in Mariner's Mile, and the need for the City to support a property owner who has an opportunity to rent a property. The maker of the motion concurred with the amendment to the motion. Chairman Edwards addressed Conditions No. 8, 9, and 10, wherein he stated that he would be comfortable with a time limit of 24 months instead of the requested 36 month time limit. The maker . of the substitute motion agreed to modify the motion. Commissioner DiSano stated that he would not support the substitute motion on the basis that in most cities, a one-year or less lease is the responsibility of the tenant and more than one year the responsibility is with the landlord. He indicated'that a bad example would be set. Chairman Edwards concurred with the foregoing comment. Substitute motion was voted on to approve Use Permit No. 3450 subject to the findings and conditions in Exhibit "A ", including the Ayes * * * aforementioned modified Conditions No. 8, 9, 10, and to add Noes * * Condition No. 28. SUBSTITUTE MOTION CARRIED. Absent * * Findines: 1. That the proposed use is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. That the design of the proposed improvements will not conflict with any easements acquired by the public at large -19- COMMISSIONERS � o July 9, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INOEX for access through or use of property within the proposed development. 3. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 4. That adequate parking will exist on -site to serve the auto sales and rental facility. 5. ' That the establishment of the subject business will not have any significant environmental impact. 6. That the approval of Use Permit No. 3450 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. Conditions: 1. That the development shall be in substantial conformance with the approved plot plan, except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a grading or building permit prior to completion of the public improvements. 4. That a 6 foot wide sidewalk be constructed and the existing drive approach be reconstructed with a flared approach per City Standard 166 -L along the West Coast Highway frontage; and that the on -site drainage be collected and conveyed to West Coast Highway through a box culvert or curb drain unless otherwise approved by the Public Works • Department. All improvements shall be completed under -20- 0 COMMISSIONERS July 9, 1992 MINUTES CITY OF NEWPORT BEACH ■ ROLL CALL I I I I I I I I I INDEX • an encroachment permit issued by the California Department of Transportation. The City shall be compensated by the developer on an actual cost basis for any public improvements constructed by the City across the property frontage. 5. That if the two existing grate drains on the subject property are connected to the sewer system, they shall be covered to prevent storm water from entering, or be removed. County Sanitation District regulations prohibit storm runoff from entering the sanitary sewer system 6. That the applicant shall dedicate, prior to the establishment of the automobile rental and sales facility, his leasehold interest in a 12 foot wide parcel adjacent to West Coast Highway for street and highway purposes. 7. That the Public Works Department plan check and inspection fee be paid. 8. That a minimum setback of 7 feet 6 inches be required along the entire West Coast Highway frontage 24 months after the effective date of the subject application, and that said area shall be landscaped, except at the approved driveway. 9. That a detailed landscape plan shall be approved by the Planning and Parks, Beaches and Recreation Departments 24 months after the effective date of the subject application. Said plan shall include a combination of trees, shrubs and ground cover. 10. That the landscape area shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. The landscaping shall be provided with a permanently installed irrigation system 24 months after the effective date of the subject application. -21- COMMISSIONERS ,o \0m,\ o CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL INDEX 11. That the on -site parking and circulation system be subject to further review and approval by the City Traffic Engineer. 12. That the weeds be removed from the parking lot, and that the proposed on -site parking spaces be marked with approved traffic markers or painted with white lines not less than four inches wide. 13. That the existing concrete wash pad on the property shall be removed or graded so as not to interfere with vehicular maneuverability within the parking lot. 14. That employees shall park on -site at all times. 15. That 5 on -site parking spaces shall be maintained for customers at all times. 16. That no vehicles shall be displayed with open hoods, doors, trunks, or tailgates. 17. That no vehicles for sale or rental shall be stored on West Coast Highway. 18. That no car washing or automobile repair shall be permitted on the site unless an amendment to this use permit is approved by the Planning Commission. However, misting of vehicles shall be permitted. 19. That no windshield signs shall be permitted, and that all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 20. That no banners, pennants, wind signs, moving signs, or flashing or animated electrical signs shall be displayed. 21. That light spillage from the existing on -site light fixtures shall be shielded or directed so as to confine illumination to the subject property. -22- COMMISSIONERS .A d \ko" � July 9, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 22. That all mechanical equipment and trash areas shall be screened from adjacent properties as well as from West Coast Highway. 23. That Coastal Commission approval shall be required prior to the establishment of the automobile sales and rental facility on the property. 24. That the hours of operation shall be limited between the hours of 9:00 am. and 8:00 p.m. daily. 25. That no outdoor loudspeakers or paging system shall be permitted in conjunction with the proposed operation. 26. That the Planning Commission may add 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. 27. 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. 28. That a temporary landscaping system be provided on the premises prior to occupying the property. That a temporary landscaping plan be established for the site, and said landscaping plan to be approved by the Parks, Beaches and Recreation Department and the Planning Department. That the landscape area shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. The Planning Commission recessed at 8:55 p.m. and reconvened at 9:05 P.M. -23- COMMISSIONERS � r d July 9, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Use Permit No. 1502 (Amended) (Public Hearing) ITEM No.6 Request to amend a previously approved use permit that permitted UP1502 (A) the addition of on -sale acholic beverages, live entertainment and dancing with valet and tandem parking to an existing restaurant Approves facility on property located in the C -1 -H District. The proposed amendment involves: a request to change the operational characteristics of the previous Ellis Island Restaurant so as to include six pool tables within the existing "net public area" of the facility; to allow the establishment of a second dance area with separate disc jockey; to allow the establishment of an outdoor patio dining area; and to allow expanded hours of operation to include a 4:00 a.m. daily closing time and a 6:00 a.m. opening for breakfast. LOCATION: A portion of Block 54, Irvine's Subdivision,located at 353 East Coast Highway, on the southwesterly side of East Coast Highway, between Bayside Drive and Jamboree Road, across from the De Anza Bayside Village Mobile Home Park. ZONE: C -1 -H APPLICANT: Marie Johnson, Costa Mesa OWNERS: Dr. and Mrs. Jorge Luhan, Newport Beach James Hewicker, Planning Director, reviewed previously approved use permits on the property and the subject application. He stated that during the past few weeks, the restaurant has been operating as a combination dinner house and club. The club has been operating at night and the City has had substantial police problems with the facility. The Police Department submitted two letters regarding the problems, and staff has received further objections from the public to the change in operational characteristics. The Promontory Bay Community Association submitted a letter to the Planning Commission dated July 6, 1992, expressing concerns regarding the late hours and the operational characteristics that would generate noise in close proximity to residential . neighborhoods. Mr. Hewicker explained that Exhibit "B" allows the -24- COMMISSIONERS July 9, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL ill Jill INDEX establishment to open for breakfast at 6:00 a.m ; however, the restaurant would not be able to extend beyond 2:00 am. at night. Mr. Hewicker requested that the Commission address the use permit that the restaurant is currently operating vs. either an amendment to the use permit or what could be a use permit with a different number which would replace the current use permit on the property, and would provide the Commission with a substantial different control over how the restaurant is operating vs. how the restaurant is controlled under the existing use permit. In response to a question posed by Chairman Edwards, Robin Flory, Assistant City Attorney, explained that the current Use Permit No. 1502 has conditions that only address parking. Under the current operation, any action that the City Attorney's Office could take, would be with regard to the facility operating as a public nuisance. If an amended use permit is approved and • additional conditions are imposed that would affect the business as a whole, then revocation procedures are a possibility in the event the conditions are not complied with in the future, or the use permit could be called up for review by the Planning Commission or the City Council for changes in the conditions. It would depend upon the conditions and how they are attached to the existing operation and change in operation as to the affect of the amended use permit. In the future, if there would be violations to the use permit as they relate to the change of operation, the Commission would have some control. If the problems would be attributed to lack of management, and controlling crowds and other violations that may not be a violation of any of the conditions, then enforcement by the City would be to bring public nuisance action. Following questions posed by Commissioner DiSano, Commissioner Glover, Commissioner Merrill and Chairman Edwards, Ms. Flory explained that there is case law pending that affects use permits and how they are granted, and changes in operational characteristics. There is the potential that if the use permit is granted with a change in operational characteristics, i.e.: the addition of the pool tables, the addition of dancing, etc. and conditions were attached to the expanded operation, then in the • future, if there would be violations, then the Commission would -25- COMMISSIONERS CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL INDEX have the ability to revoke the changes, i.e. no additional dance floor or pool tables. As far as the ability to revoke the use permit for the entire operation, that might be difficult unless operating under an entirely new use permit. Otherwise, the general operation of the business without the change in operations would remain, and the City would be required to bring public nuisance charges if there would be a continuing problem. The public hearing was opened in connection with this item, and Ms. Marie Johnson, applicant, appeared before the Planning Commission. Ms. Johnson distributed letters of support regarding the subject application, and of Buck Baker, the former manager of the Sail Loft Bar and Grill in Laguna Beach. In response to a question posed by Chairman Edwards, Ms. Johnson responded to the following conditions in Exhibit 'W': In • reference to Condition No. 5, she indicated there would be no live entertainment or amplified music past 1:40 a.m. The after hours are strictly to lower the disc jockey music, and would give the customers an opportunity to eat before driving away from the club. She requested that Condition No. 10, regarding the installation of a grease interceptor, be extended for one year for financial reasons. In reference to Condition No. 14, regarding Coastal Commission approval, she requested that the condition be waived inasmuch as one area consists of a large dance floor and a live band, and the flow of traffic tends to go to the large room. There is a different type of music in the second dance floor, and the room tends to alleviate the pressure in the lobby. Mr. Hewicker explained that the City does not have the authority to waive a Coastal Permit. In reference to Condition No. 16, regarding closing up a portion of a driveway on Bayside Drive, she questioned how the trucks would be able to enter the property inasmuch as. it is difficult for the trucks to enter from East Coast Highway. Dick Hofstadt, Subdivision Engineer, explained that one drive apron currently exists with a column and one side is for egress and one side for ingress. The egress will be striped for on -site parking, and, therefore, will not have any use as a driveway. The City's policy is that if the area is unused then it should be replaced with curb, gutter, and sidewalk. In reference to the patio, Ms. Johnson • indicated that the square footage could be reduced to alleviate the -26- COMMISSIONERS CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL INDEX required parking spaces, and inasmuch as the patio would be landscaped and enclosed, the area would be aesthetically pleasing from East Coast Highway. She stated that the patio would be closed at dark, and would be open only during all day on Saturdays and Sundays. In reference to complaints that have been received regarding the restaurant, Ms. Johnson explained that the concerns have been corrected. The extra pool tables would alleviate some of the parldng pressure and the additional dance floor addresses the problem of the concentration of people in one room. Valet parking will be provided during the hours of operation. Ms. Johnson submitted a letter from 10 people residing in Promontory Point indicating that they have not been disturbed by noise from the restaurant. In response to a question posed by Chairman Edwards regarding Exhibit 'B ", Ms. Johnson replied that the operation would reluctantly abide with the conditions in Exhibit "B ". In response to questions posed by Commissioner DiSano and Commissioner Merrill, Ms. Johnson explained that she is an applicant /agent acting for the establishment, and she is not active in the management of the establishment. She further explained that she has previously acted as an agent for individuals submitting applications to cities. Ms. Johnson explained that Buck Baker is a promotor for the restaurant and he is not the manager as indicated in the correspondence. In response to questions posed by Commissioner DiSano regarding the correspondence received from the Police Department, Ms. Johnson explained that the first time there was an over - crowding violation was on opening night, and after the Police arrived the crowd was counted and the situation was corrected. She indicated that on a second occasion, the police counted the number of customers in attendance and the number was under the legal limit. Ms. Johnson rebutted that the problems that have occurred at the subject restaurant are no different than the problems that occur at Woody's Restaurant and the Warehouse Restaurant. She responded to the concerns that have been expressed as follows: the restaurant provides valet parking at all times; counters stand at the • doorways to make certain that the crowd numbers comply with the -27- COMMISSIONERS O cn \k0m,\N \ CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL INDEX Fire Department's occupancy load; and the dinner and nightclub would not be in operation at the same time. Ms. Johnson stated that there are lines at Woody's Restaurant and the Warehouse Restaurant because there are not enough places for the young people to go. She referred to one of the Police Department memos indicating individuals were entering the establishment through the back door wherein she explained that she was one of the individuals because she needed business papers and she could not make her way to the front of the line at the front door; however, the counter at the front door counted her and the individuals accompanying her through the back door. In response to questions posed by Chairman Edwards, Ms. Johnson explained that Lucy Luhan is the owner of the establishment, and Mrs. Luhan manages the daily operation. Mr. Baker's total involvement with the restaurant is as entertainment promoter, and Mrs. Luhan books the entertainment. She replied that she did not • know if there was an existing restaurant manager on -site. The present establishment has been in operation for approximately two months. In response to questions posed by Commissioner Merrill, Ms. Johnson explained that Mrs. Luhan is on the site between 12 to 14 hours a day. In response to a question posed by Commissioner Merrill regarding crowds at Woody's Restaurant, Mr. Hewicker replied that he was not aware of any problems that have occurred at Woody's Restaurant. Commissioner Merrill stated that if there are other problems at other establishments, that the City should be aware of them and not hear about the problems from the applicant. Mrs. Lucy Luhan, owner of the restaurant, appeared before the Planning Commission. Mrs. Luhan stated that the manager of the restaurant's security is a former Costa Mesa policeman, and two security men are located in each room. She expressed her concern that the subject establishment has been 'set -up' on several occasions. In response to a question posed by Commissioner Pomeroy, Mrs. Luhan explained that the restaurant had heard from one of their patrons that 911 had been called previous to when one of the -28- COMMISSIONERS 0 d CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL INDEX customers had been hit, and the police had arrived seconds later. One police officer announced to a long line of patrons at the front door that the establishment would be closed in two months. She explained that a security guard would be able to provide the police officer's name. In response to questions posed by Chairman Edwards, Mrs. Luhan explained that the neighborhood welcomed the establishment because the nearby residents are. able to walk to the restaurant and there has never previously been a place for young people to go. She stated that on opening night, 700 people desired to enter the restaurant. When the windows are closed, it is not possible to hear music 100 feet from the establishment, and Promontory Point is 2,000 feet away. Mrs. Luhan walked around the restaurant with a police officer at 1:00 a.m. after the police received a noise complaint; however, the police officer admitted that he did not hear any music from the restaurant. Mrs. Luhan explained that she did not personally hear the police officer announce that the restaurant would be closed in two months; however, several of the employees did hear the comment in addition to the customers standing in line. Mrs. Luhan also explained that the restaurant had not received any complaints from the Promontory Point residents and she was not aware of the Promontory Point Community Association's concerns prior to the subject public hearing. In response to questions posed by Commissioner DiSano, Mrs. Luhan explained that the Linda Isle residents have not expressed any concerns regarding the restaurant, and she has been informed by the residents that the establishment is a good place for the young people to go. The guards located at the gate at the entrance to Linda Isle have stated they have not heard noise emitting from the restaurant. Mrs. Luhan compared the similarity of the distribution of music at Bobby McGee's Restaurant, previously located at the subject site, with the existing restaurant. She explained that the restaurant has not added a dance floor; however, the customers are allowed to dance in the middle of the room. Mrs. Luhan briefly responded to the aforementioned issues addressed in the Police Department memos: that the restaurant is not creating great problems and that she is anxious to work and communicate • with the adjoining businesses; that the motorcycle incidents -29- COMMISSIONERS 0 CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL il Jill I INDEX occurred when there was a Harley- Davidson show in Newport Center; the over - crowding occurred on opening night; the occupancy load would change if a dance floor replaced tables and chairs; Buck Baker's mother is the controller at the door; the Fire Department has indicated that the establishment does not have a problem; several of the disturbances addressed in the Police memos were calls made by restaurant personnel; the restaurant was not aware that a permit was required for a search light; Mr. Baker is a promoter and is no longer affiliated with the Sail Loft Restaurant where be was a good manager; and the two adjoining businesses, the automobile sales and service facility, and the automobile service station, have expressed no objections regarding the restaurant. In response to a question posed by Mr. Hewicker, Mrs. Luhan concurred that 700 people were standing in line on opening night - that 400 people were inside the establishment and 300 people were • standing in line. She explained the patrons line up at 10:00 p.m. because that is when the entertainment begins. She further explained that the over -flow crowd parked in Gladstone's Restaurant's parking lot located on Bayside Drive, and the restaurant provided limousine service to the site. Mr. Hewicker explained that a concern that exists is that when a business closes at the end of an evening, and if the automobiles are not parked in the business' parking lot, that the customers create noise or make other disturbances while they are walking to their cars. Commissioner Merrill stated that if the customers were parking in the parking lot at Gladstone's Restaurant, that the residents of Promontory Point could have been disturbed by late night noise. Mrs. Luhan explained that the restaurant was totally unprepared for the crowd and success that occurred on opening night. Mrs. Luhan stated that she has four managers working with her, including her three college children who are helping her with the operation. In response to a question posed by Commissioner Glover, Mrs. Luhan explained that the business across the street from the restaurant that was referred to in the Police memo would have • been the Yankee Tavern Restaurant. -30- COMMISSIONERS • gig �� o�� CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL il Jill I INDEX Mr. Buck Baker, promoter for the restaurant, appeared before the Planning Commission. He stated that he would take responsibility for opening night inasmuch as it was his job to 'pack' the restaurant. He referred to a Narrative Report from the Fire Department dated July 8, 1992, indicating that on June 27, 1992, at 00:34:01 the Fire Department was at the restaurant because a call had come in claiming that the restaurant was overcrowded, and after a count had been made by the police, it was determined that the count was within the occupancy limit. He explained the counter system that the restaurant uses at the front door and each of the rooms to control the number of customers entering the establishment. He explained that he double -paned the windows and bolted the windows shut; that he is on the premises from 11:00 a.m. to 4:00 p.m., and he returns at 8:00 p.m. to 3:00 am. in the morning; he recently hired a new valet service consisting of six valets; the grand theft referred to in the police report was a call from the restaurant regarding an $8,000.00 bicycle that was stolen out of the service area at the back of the restaurant; vandalism calls were made by the restaurant, and the calls consisted of spray painting on the doors, and a window was broken. The restaurant is now hesitant to call the Police Department for fear that the calls would be used against the establishment. The additional requested hours would be a financial benefit to the restaurant; live amplified music would be eliminated after 1:30 a.m ; the doors would be closed to the patio at night; and he concluded that the restaurant would comply with the City s regulations. Mr. Baker addressed the conditions contained in Exhibit "B" wherein he indicated that the extra pool tables and the dance floor are needed to keep the patrons entertained in the building. In response to a question posed by Mr. Hewicker, Mr. Baker explained that he promotes the restaurant by walking the beaches, goes to other clubs, and he is known for giving good quality entertainment for the money that is charged for the live entertainment. He explained that the prices that are charged are less than the other establishments in town that offer similar entertainment, i.e. the Warehouse Restaurant and Nina's. He said that on Friday and Saturday nights there are approximately 30 to • 40 people waiting in line for a 20 to 30 minute wait. -31- COMMISSIONERS CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL 11 fill I INDEX In response to a question posed by Chairman Edwards, Mr. Baker explained that pool tables are a big phenomenon, and the clients are waiting in line to play the pool tables. He said that he has heard that the business at the Warehouse Restaurant turned around because of the number of pool tables that are in the establishment. Mr. Baker explained that the restaurant does not make money after 2:00 a.m. Mr. Baker and Chairman Edwards discussed the number of patrons that would be coming to the restaurant after 2:00 am. and the safety of the customers parking across East Coast Highway and walking to the restaurant. In response to a question posed by Commissioner DiSano, Mr. Hewicker replied that staff is not aware of any problems occurring at the Warehouse Restaurant. In response to a question posed by Mr. Hewicker, Mr. Baker • explained that 29 employees, including himself, are employed by the restaurant on Friday and Saturday nights. Mr. Baker explained that he previously had not included the valets as employees because the service is contracted out. Mr. Jorge Luhan, appeared before the Planning Commission. He explained that the number of employees referred to in the staff report did not include the 10 bouncers. Mr. Luhan stated that the Police Department has indicated that the disturbances addressed in the memos would be considered 'incidents' inasmuch as no investigations were made into the accusations. Mr. Parviz Donboli, Vice President of Investment Properties, appeared before the Planning Commission as a resident of 550 Promontory Point. He stated that he has never heard noise emitting from the restaurant; that he is a patron of the restaurant; the residents patronize the restaurant because of the close proximity to Promontory Point; and he supports the request to keep the restaurant open after 2:00 a.m. In response to questions posed by Commissioner DiSano, Mr. Donboli replied that he would go to the restaurant for breakfast and he would dine in the patio on Saturdays and Sundays. • -32- COMMISSIONERS '06 CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL I INDEX Mr. Mark Maloney, resident of Promontory Point, stated that when he walks his dog around the area in the evenings he has not heard the music from inside the restaurant. The establishment is beneficial to the neighborhood, traffic volume has not increased, and parking has not become a problem at Promontory Point. He has not been disrupted by the patrons using the Gladstone's Restaurant's parking lot. Mr. Douglas Boyd appeared before the Planning Commission. He determined that a 2:00 a.m. closing would allow the establishment to be open for 20 hours, and if the restaurant would be open beyond 2:00 a.m. it could establish a precedent in the City. In response to a question posed by Commissioner DiSano, Mr. Boyd replied that he does not see opening the restaurant at 6:00 a.m. for breakfast as a problem. Mr. Hans Prager, owner of Yankee Tavern Restaurant located across Bayside Drive from the subject establishment, appeared before the Planning Commission. Mr. Prager requested that the restaurant provide portable restrooms for the patrons waiting in line outside the establishment so the customers would not use the Yankee Tavern's facilities, and he expressed his concerns for the security of his establishment. In response to a question posed by Commissioner Glover, Mr. Prager replied that the aforementioned problem occurred only during the opening of the restaurant. He stated that the Yankee Tavern Restaurant does not do a big business after 10:00 p.m. and he would be agreeable if the subject establishment would like to use his parking lot; however, he requested that the property be kept clean, and that he was appearing before the Planning Commission out of frustration more than as a critic of the restaurant. In response to a question posed by Mr. Hewicker regarding the type of promotion that the restaurant is doing to attract customers, Mr. Prager replied that problems also occurred at Bobby McGee's Restaurant; however, time took care of those problems and time would take care of some of the existing problems at the subject establishment. He said that if the problems would continue to occur at the subject restaurant, and his concerns were not being addressed by management, then he may have to file a formal complaint against • the establishment. -33- COMMISSIONERS 0 CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL INDEX Ms. Johnson reappeared before the Planning Commission. She addressed the reasons the establishment requested the expanded operating hours beyond 2:00 a.m.; however, the request could be eliminated from the application. The operation needs the additional pool tables, the second dance floor, and the patio would enhance the restaurant. In response to a question posed by Commissioner Pomeroy, Ms. Johnson explained that the adjacent service station has a restroom that could be used by the customers waiting in line, or a patron could leave a driver's license at the front door to enter the restaurant so as to be able to use the restroom. In response to questions posed by Commissioner Merrill, Ms. Johnson explained that the counters keep a record of the number of patrons. She explained that the restaurant attracts approximately 300 customers on Tuesday nights, 100 on Wednesday • nights, 300 on Thursdays, and approximately 350 customers on Friday and Saturday nights. Ms. Johnson further replied that the pool tables would attract patrons on week nights and the tables would encourage business. Ms. Johnson and Commissioner Merrill discussed the pool table trend. Ms. Johnson explained that once the establishment is over - capacity, the counters inform the customers to leave the property, with the exception of allowing 20 to 30 people to stand in line waiting for inside customers to leave the premises. Mrs. Luhan reappeared before the Planning Commission. She said that the pool tables are replacing bars because of the drinking laws, and in an area where everyone is health conscious, there is not the bar business that previously existed. The maximum number of customers waiting in line would be 20 to 25 people. In response to a question posed by Mr. Hewicker, Mrs. Luhan replied that she has not been contacted by the Linda Isle Community Association regarding any concerns they may have with respect to the establishment. There being no others desiring to appear and be heard, the public • hearing was closed at this time. -34- COMMISSIONERS 0 CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL INDEX In response to a question posed by Commissioner DiSano, Ms. Flory replied that the Police Department indicated that the memorandums consist of a listing of reported incidents. In response to a question posed by Commissioner DiSano, Mr. Hewicker explained that staff is concerned with the intensification of use if the second dance floor would be approved. The City has problems with restaurants that become very successful, and they become successful to the detriment of the surrounding communities. The subject establishment is requiring 'fine tuning', and based on its success, the management needs to take a serious look at how the City's concerns can be resolved, so if the use permit is approved, the violations do not continue to exist. In response to a question posed by Commissioner Glover, Mr. Hewicker stated that the size of the patio increases the "net public area" to the point where it not only takes away from the existing parking, but it would create a demand for additional parking. Mr. Laycock explained that six parking spaces would be deleted with the addition of a patio, and there would not be sufficient parking with the addition of the patio. Mr. Laycock explained that based on a typical restaurant of 1 parking space for each 40 square feet of "net public area ", 125 parking spaces would be required, and under the proposed parking configuration, 125 parking spaces could be included on the parking lot. With the addition of the patio area, the on -site parking would be reduced to 1 parking space for each 46.8 square feet of "net public area ". The parking spaces would not meet the parking requirement for a typical restaurant. Commissioner Pomeroy stated that the restaurant created a tremendous unanticipated demand, and management has taken steps to solve a problem when a problem is created. He could not determine a problem if the restaurant would be open for breakfast, no problem with an outdoor dining area if it would be in compliance, and the establishment would provide a place for the young adults to go. He suggested that the 2:00 a.m. closing be retained; however, he expressed his support of a facility being able to provide food before driving away from the nightclub. • -35- COMMISSIONERS \4, 0 �o� CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL INDEX Commissioner Glover supported a 2:00 a.m. closing. She stated that the outdoor dining patio would enhance the area and the community, and the outdoor seating would add a "soft edge" to a "hard edge" building, and she also expressed her support of the pool tables. Commissioner Glover stated that the City should continue to watch the concerns that have been expressed with respect to the behavior of the customers waiting in line to enter the restaurant. In response to a question posed by Mr. Hewicker, Ms. Johnson requested that the patio area close at dark. Discussion ensued regarding an appropriate time for the outdoor patio to close. Commissioner Pomeroy suggested that the patio close at 5:00 p.m. Standard Time and 7:00 p.m. Daylight Savings Time. Motion Motion was made to approve Use Permit No. 1502 (Amended) subject to the findings and conditions in Exhibit "B". Commissioner DiSano explained that the site is not appropriate for outdoor dining. The existing outdoor dining establishments are not adjacent to residential areas similar to Promontory Point or Linda Isle. The traffic passing on East Coast Highway would not provide the ambiance that is being addressed. The second dance area potentially provides for additional problems, and it would be better to locate dancing in one area. He supported the six pool tables; and the 6:00 a.m. opening and the 2:00 am. closure. If the hours would be extended there is the chance that the crowd would disrupt the neighborhoods. No one. appeared before the Planning Commission to oppose the application, and the applicant has made an effort to speak to the issues. Chairman Edwards stated that he would not support the motion. substitut Substitute motion was made to approve Use Permit No. 1502 Motion (Amended) subject to the findings and conditions in Exhibit "A" with the following modifications: Condition No. 4, That the hours of operation of the restaurant shall be limited to the hours between 6:00 a.m. and 2.00 a.m. daily. Condition No. 5, That the dancing and related live entertainment .... be limited to the hours between 9:30 p.m. and 1:40 a.m. daily. Condition No. 7, That the outdoor dining • area shall close at 5:00 p.m. Standard Time and 7.•00 p.m. Daylight -36- COMMISSIONERS 0 CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL INDEX Savings 7"une. Condition No. 10, That the grease interceptor shall be installed within 180 days from the effective date of the subject application. Ayes The substitute motion was voted on, MOTION CARRIED. Noes Absent * * Mr. Hewicker advised the applicants that until the use permit has gone through the appeal period, and until the Coastal Permit is secured, that the establishment is not allowed a second dance floor, to operate beyond 2:00 am., to add the additional pool tables, or to add the outdoor dining area. Chairman Edwards pointed out that Condition No. 23 allows the Planning Commission to review the use permit or request revocation if the use is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. Fin in 1. The proposed changes in the operational characteri stics of the restaurant is consistent with the Land Use Element of the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed addition of a second dance floor and related disc jockey booth, as well as the addition of the proposed outdoor patio dining area and the proposed pool tables, will be compatible with the existing restaurant operation and can be adequately served by the proposed on- site parking design. 4. That the approval of Use Permit No. 1502 (Amended) 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. -37- COMMISSIONERS 0 \4% ,\l \ CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL 11 Jill I INDEX Conditions: 1. That the restaurant operation shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That the sound from the live entertainment and pre- recorded music shall be confined to the interior of the structure; and further that all windows and doors within the restaurant shall be closed when said activity is conducted on the site. 3. A minimum of one parking space for each 46.8 square feet of "net public area" shall be provided for the restaurant. 4 That the hours of operation of the restaurant use shall be • limited to the hours between 6:00 a.m. and 2:00 am. daily. 5. That the dancing and related live entertainment and pre- recorded music shall be limited to the hours between 9:30 p.m. and 1:40 a.m. daily. 6. That the service of alcoholic beverages shall be ancillary to the primary food service operation of the restaurant prior to 9:30 p.m. daily. 7. That the outdoor dining area shall close at 5:00 p.m. Standard Time and 7:00 p.m. Daylight Savings Time. That no outdoor loudspeakers or paging system shall be permitted in conjunction with the proposed operation. 8. That a Cafe Dance Permit for the proposed dancing shall be approved by the City in accordance with Section 5.32.030 of the Municipal Code. 9. 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. -3& COMMISSIONERS ,P\9 \1)* N \' OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL il Jill I INDEX 10. That grease interceptors shall be installed within 180 days from the effective date of the subject application on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 11. That all outdoor storage at the rear of the restaurant shall be removed or entirely screened from view from surrounding properties and public streets. 12. That all restaurant employees shall park their vehicles on -site. 13. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self- parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 14. That the applicant shall obtain Coastal Commission approval of this application prior to the approval of a Cafe Dance Permit. 15. That the development standards regarding a portion of the landscaping and walls surrounding the restaurant site shall be waived. 16. That prior to the issuance of a Cafe Dance Permit for the expanded dance activity or the exercising of any other aspect of this approval, the unused portion of the driveway apron adjacent to Bayside Drive shall be replaced with curb, gutter and sidewalk. Said construction shall be completed under an encroachment permit issued by the Public Works Department. 17. That the parking lot shall be restriped with approved traffic markers or painted white lines not less than 4 inches wide. Space No. 73 shall not be counted as a valid space, since two large fire service lines are encroaching into said space. -39- COMMISSIONERS H CITY OF NEWPORT BEACH July 9, 1992 MINUTES ROLL CALL INDEX 18. That valet attendants shall be utilized during all hours of operation of the restaurant facility. 19. That final plans for valet parking shall be subject to the approval of the City Traffic Engineer. 20. That all signs shall conform to Chapter 20.06 of the Newport Beach Municipal Code. 21. That all trash areas shall be screened from adjoining properties and streets. 22. That egress from the parking lot shall be maintained from both Bayside Drive and East Coast Highway. 23. 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 to the health, safety, peace, morals, comfort or general welfare of the community. 24. 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. ADDITIONAL BUSINESS: Add' i Business Motion was made and voted on to excuse Commissioner Pomeroy from the Planning Commission meeting of July 23,1992. MOTION Pomeroy CARRIED. Excused ADJOURNMENT: 11:10 p.m. Adjourn srs HARRY MERRILL, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -40-