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HomeMy WebLinkAbout08/19/1993•��� oP�� °gyp S.y,�o CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING. PLACE: City Council Chambers TIME: 7:30 P.M. DATE: 6umict 10 1001 MINUTES ROLL CALL INDEX Present * * * * * Commissioner Pomeroy was excused. Absent - * - Y ! Y EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney s Y Y Javier Garcia, Senior Planner Don Webb, City Engineer Joanne MacQuarrie, Secretary Y Y Y Minutes of July 22. 1993 Minutes Motion * Motion was made and voted on to approve the August 5, 1993 of Ayes Planning Commission Minutes. MOTION CARRIED. 8/5/93 Abstain Absent * s Y s Public Comments: Public No one appeared before the Planning Commission to speak on Comment non - agenda items. i s s Posting of the Agenda: Posting James Hewicker, Planning Director, stated that the Planning of the Commission Agenda was posted on Friday, August 13, 1993, in Agenda front of City Hall. Y i Y L L p0ll��d�O • CITY OF NEWPORT BEACH MINUTES 4) 'August 1 1991 ROLL CALL INDEX A. General Plan Amendment No. 93 -2(E) (Public Hearing) Item No.: Request to amend the Land Use Element of the General Plan to increase the development allocation in Newport Place, Block I, by 1,080 square feet, from 99,538 sq.ft. to 100.618 sq.fL so as to allow GPA93 -2 (I Res. 133. Approved for outdoor dining in association with Pascal's Restaurant and a future restaurant facility. A. 783 Res. 133. Approved INITIATED BY: The City of Newport Beach UP 1838( _ AND Approved B. Amendment No. 783 (Public Hearing) UP 3508 Approved Request to amend the Newport Place Planned Community District Regulations so as to delete the provisions applicable to General Commercial Sites 2, 3, and 5, which count one square foot of floor area devoted to restaurants as two square feet of the permitted commercial floor area; and which further restrict the allowable restaurant floor area on General Commercial Sites 3 and 5 to 8,000 square feet each. INITIATED BY: The City of Newport Beach AND C. Use Permit No. 1838 (Amended) (Public Hea-nne) Request to amend a previously approved use permit which permitted the establishment of a restaurant with on -sale beer and wine within the Newport Place Planned Community District. The applicant proposes to expand the "net public area" of the restaurant by adding an outdoor dining area adjacent to the existing restaurant facility. The applicant also requests a waiver of a portion of the required offstreet parking spaces to accommodate the proposed expansion. -2- 4) COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Au ROLL CALL TINDEX AND D. Use Permit No. 3508 (Public Hearing) Request to permit the establishment of a combination take -out restaurant, catering, and wine store, with on -sale beer and wine, and incidental interior seating, on property located in the Newport Place Planned Community. The proposal also includes a request to waive a portion of the required off - street parking spaces. LOCATION: Parcel 1 of Parcel Map 97 -18, 19 (Resubdivision No. 541) located at 1000 Bristol Street North, on the northeasterly side of Bristol Street North, westerly of Dove Street, in the Newport Place Planned . Community. ZONE: P -C APPLICANT: Olhats Food Corporation, Newport Beach OWNER: L.S.W. Ltd., Laguna Beach James Hewicker, Planning Director, referred to a recommendation in the staff report that a minimum 8 foot clear pathway be maintained through the proposed exclusive and non - exclusive dining areas of the restaurant to provide for pedestrian access to the parking spaces located at both the front and rear areas of the shopping center. Mr. Hewicker said that this recommendation, however, was not made an actual condition to the use permit. He stated that currently, in the area where the exclusive dining is proposed, there is more than 8 feet clearance, however existing landscape planters and building supports occupy portions of the clearance space. Mr. Hewicker said that if it were the intent of the Planning Commission to require a minimum 8 foot clear accessway, it would only occur where 8 feet currently exists, and the applicant would not be required to provide greater access than that which the shopping center developer originally provided. -3- 4 COMMISSIONERS NNW" CITY OF NEWPORT BEACH MINUTES i August 19 1993 ROLL CALL INDEX Planning Director Hewicker also referred to a discussion in the staff report regarding a requirement of the Building Code that a minimum forty -four (44) inch clear pathway be maintained through .the non - exclusive Epicene dining area for pedestrian and handicap circulation. Mr. Hewicker questioned the amount of space that would be remaining for the placement of dining tables and chairs, as requested by the applicant, after providing for the clear pathway. He also stated that the original applications requested an additional 480 square feet for proposed non - exclusive patio dining and 600 square feet for proposed exclusive Epicene dining. Inasmuch as the Epicerie dining was now proposed to be non- exclusive, the total additional allocation requested of 1,080 square feet was not technically necessary. In response to questions by Commissioner Ridgeway and Chairman Merrill, Planning Director Hewicker pointed out on the display the proposed dining areas of Pascal's restaurant and those areas which would be affected by the forty -four inch clear pathway requirement. Mr. Don Webb, City Engineer responded to questions posed by Chairman Merrill and Commissioner Glover regarding Condition No. 12 to Use Permit 3508, "That the final location of the tables and chairs within the non exclusive dining area shall be subject fo further review and approval by the City Traffic Engineer." Mr. Webb explained that vehicular and pedestrian circulation are included among the responsibilities of the Public Works Department. In regards to the proposed project, assuring that there are unobstructed through - walkways for pedestrians as well as safe and adequate access to parking areas would be a responsibility of the City Traffic Engineer. The reasoning for this requirement, Mr. Webb continued, is that the development plans that staff reviews are not a detailed final version. There is a possibility that as the project develops, changes will occur or become necessary that are not shown on the original submittal drawings. In response to an inquiry by Commissioner Gifford regarding the authority of the City Traffic Engineer in respect to the -4- COMMISSIONERS Ap CrpC S' CIS CITY OF NEWPORT BEACH MINUTES AU St lY 1993 ROLL CALL INDEX aforementioned Condition No. 12, Assistant City Attorney Robin Flory stated that approval is for the specific number of tables and chairs requested by the applicant. If, upon review, the Traffic Engineer determines that the placement of the requested number of tables and chairs obstructs pedestrian circulation, the project would come back to the Planning Commission for review. The public hearing was opened in connection with this item, and Mr. Jerry King, J. A. King & Associates, 130 Newport Center Drive, representing the applicant, appeared before the Planning Commission. In reference to the discussion above regarding isle widths and placement of tables and chairs, Mr. King stated that the property owner's representative had indicated that if necessary, in order to accommodate clear space for both unobstructed pedestrian and handicap passage and the dining furniture, there could be some reconfiguration of a portion of the landscape . planters. Mr. King emphasized that the furniture is available in various sizes and shapes and would not be ordered until the issues were refined. He stated that both the ownership of the center and the applicant concurred with the findings and conditions in Exhibit 11A.11 Responding to a question posed by Commissioner Edwards regarding the furniture placement, Mr. Pascal Olhats, applicant and owner of Pascal's restaurant, appeared before the Planning Commission. Mr. Olhats indicated his belief that the necessary requirements would be satisfied. He also stated it would be his responsibility to maintain the walkways. In reference to Condition 14, Use Permit No. 1838 (Amended), prohibiting the use of loudspeakers or paging system, Mr. King informed the Planning Commission that the restaurant enjoyed background music as part of the center's sound system. He said that the restaurant would wish to continue having the availability of background music, but had no intention of employing a paging system. Discussion ensued whereby Mr. Harry Woloson, Co- general Partner of the owner of the shopping center, appeared before the Planning Commission. Mr. Woloson stated that -5- COMMISSIONERS � 9PO�t�li''pO�s'O CITY OF NEWPORT BEACH MINUTES Auzust 19 1993 ROLL CALL INDEX currently the center did not utilize a speaker system; the background music emanated from speakers controlled from within Pascal's restaurant. Mr. Woloson said that he did not believe the music would create a problem but rather would enhance the operation of the restaurant. Commissioner Edwards suggested that Condition No. 14 be modified to read, "That no outdoor loudspeakers or paging system shall be permitted in conjunction with the subject restaurant, other than background music from the system as presently exists: Mr. King indicated that this modification would be acceptable to both the property owner and the applicant. Mr. Dave Patterson, 209 Nata, Newport Beach, appeared before the Planning Commission and stated he had known the applicant, Pascal Olhats, for several years and knew him to be a reliable person, with impeccable taste. Mr. Patterson stated his opinion . that an expansion of Pascal's restaurant would be an even greater asset to the community it already successfully serves. There being no others desiring to appear and be heard, the public hearing was closed at this time. lotion Motion was made by Commissioner Glover to approve General Plan Amendment No. 93 -2(E), Amendment No. 783, Use Permit No. 1838 (Amended), and Use Permit No. 3508 subject to the findings and conditions in Exhibit "A," and to modify Condition No. 14, Use Permit No. 1838 (Amended), as recommended by Commissioner Edwards. Commissioner Glover stated her belief that the expansion of the restaurant would prove a benefit to the shopping center. Commissioner Di Sano stated his support of the motion and complimented. the applicant on providing the community with a fine restaurant operation. Commissioner Gifford said she would be supporting the motion and commented that Pascal's Restaurant was consistently rated as • not only one of the finest restaurants in Orange County but also -6- A�G���t��'i'O��o CITY OF NEWPORT BEACH MINUTES 1W Aumst 19 19 ROLL CALL INDEX in Southern California as well. She said she felt that increasing the number of outdoor dining areas adds to the livability and ambiance of the community. Motion was voted on to approve General Plan Amendment No. 93 -2(E) [Resolution No. 1334], Amendment No. 783 [Resolution No. 1335], Use Permit No. 1838 (Amended), and Use Permit No. Ayes * * * * * * 3508 subject to the findings and conditions in Exhibit "A," and to Absent modify Condition No. 14, Use Permit No. 1838 (Amended), as recommended by Commissioner Edwards. MOTION CARRIED. FINDINGS: A. General Plan Amendment No. 93 -2(E) 1. Adopt Resolution No. 1334, recommending to the City • Council adoption of General Plan Amendment 93 -2(E), amending the Land Use Element of the General Plan so as to increase the development allocation in Newport Place, Block I, by 1,080 square feet, from 99,538 sq.ft. to 100.618 sq.ft. so as to allow for outdoor dining in association with Pascal's Restaurant. B. Amendment No. 783 1. Adopt Resolution No. 1335, recommending to the City Council adoption of Amendment No. 783, amending the Newport Place Planned Community District Regulations so as to delete the provisions applicable to Building Sites 2, 3, and 5, which count one square foot of floor area devoted to restaurants as two square feet of the permitted commercial floor area; and which further restrict the allowable restaurant floor area on Building Sites 3 and 5 to 8,000 square feet each. • -7- COMMISSIONERS POSgI0 CITY OF NEWPORT BEACH MINUTES 1qW 1 1 1 1 1 1 1 Auzust 19 1993 ROLL CALL INDEX I C. Use Permit No. 1838 (Amended) Findings: 1. That the expanded restaurant use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That the waiver of the restaurant development standards as they relate to traffic circulation, walls, parking lot illumination and a portion of the required parking spaces (12 spaces) will be of no further detriment to adjacent properties inasmuch as the proposed restaurant is located in an existing developed shopping center and the Newport Place Planned Community Development Standards also adequately address landscape requirements. 5. The approval of Use Permit No. 1838 (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. Conditions: 1. That the proposed restaurant shall be in substantial conformance with the approved plot plan, and floor plan, . except as noted below. -8- COMMISSIONERS o CITY OF NEWPORT BEACH MINUTES Au st 19 1993 ROLL CALL INDEX 2. That all applicable conditions of approval of Use Permit No. 1838 and Use Permit No. 1838 (Amended) shall remain in effect. 3. That a minimum of thirty (30) parking spaces shall be provided for the restaurant facility at all times it is in operation. 4. 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. 5. The "net public area" of the restaurant shall be limited to a maximum of 1,6701 square feet (a maximum of 480± . sq.ft. of outdoor dining and 1,190± sq.ft. of interior dining). 6. That live entertainment and dancing shall not be permitted unless an amendment to this use permit is first approved by the Planning Commission. 7. That all employees of the restaurant shall be required to park on -site. 8. That the restaurant development standards as they pertain to a portion of the required parking (12 spaces), traffic circulation, walls, parking lot illumination, and landscaping are hereby waived. 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. 10. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into . the drainage systems in accordance with the provisions of -9- I �� fo�t�P `Hoq'PO�o CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX the Uniform Plumbing Code, unless otherwise approved by the Building Department. 11. That kitchen exhaust fans shall be designed to control smoke and odor. 12. That all mechanical equipment and trash areas shall be screened from view from Bristol Street North and adjoining properties. 13. That service of alcoholic beverages in the patio dining area shall be licensed by the State Alcoholic Beverage Control. 14. That no outdoor loudspeakers or paging system shall be permitted in conjunction with the subject restaurant, other • than background music from the system presently existing. 15. That a minimum forty -four inch clear pathway shall be maintained through the outdoor dining area at all times. 16. 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. 17. 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. D. Use Permit No. 3508 Findings: 1. That the proposed take -out restaurant use is consistent with the Land Use Element of the General Plan, and is • compatible with surrounding land uses. -10- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES August lY 1993 ROLL CALL INDEX 2. Adequate off -street parking and related vehicular circulation are being provided in conjunction with the subject project and that the operational characteristics of the combination take -out restaurant, catering , and wine store in conjunction with a retail catering and wine sales facility are such that the parking demand will be lower than the typical take -out restaurant. 3. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That the waiver of the restaurant development standards as they relate to traffic circulation, walls, parking lot illumination and a portion of the required parking spaces (48 spaces) will be of no further detriment to adjacent properties inasmuch as the proposed restaurant is located in an existing developed shopping center and the Newport Place Planned Community Development Standards also adequately address landscape requirements. 5. The approval of Use Permit No. 3508 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 proposed take -out restaurant shall be in substantial conformance with the approved plot plan, and floor plan, except as noted below. 2. That a minimum of eleven (11) parking spaces shall be provided for the combination take -out restaurant, catering and wine store, at all times during its operation. i -11- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Ausaust 19 1993 ROLL CALL IIVDEX 3. That the restaurant development standards as they pertain to a portion of the required parking (48 spaces), traffic circulation, walls, parking lot illumination, and landscaping are hereby waived. 4. 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. S. That the hours of operation shall be limited between the hours of 8:00 a.m. and 9:00 p.m. Monday through Saturday and 8:00 a.m. to 2:00 p.m. on Sunday. 6. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 7. That grease interceptors shall be installed on all fixtures in the take -out restaurant where grease may be introduced into the drainage systems in accordance with the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Public Works Department. 8. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 9. That all signs shall conform to the provisions of the Newport Place Planned Community District Regulations. 10. That the service and consumption of on -sale beer and wine shall be permitted within the interior portions of the take- out restaurant only and no consumption of alcoholic beverages shall be permitted within the non exclusive seating area, outside of the take -out restaurant. -12- 1 COMMISSIONERS o� Vlta\11\11 ddrs p0�0 CITY O F NEWPORT BEACH MINUTES Au ROLL CALL INDEX 11. That the sidewalk in front of the subject facility shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed, or washed in such a manner that any debris or wastewater does not enter the storm drain system or the Bay. 12. That the final location of the tables and chairs within the non exclusive dining area shall be subject to further review and approval by the City Traffic Engineer. 13. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 14. That all mechanical equipment and trash areas shall be screened from surrounding public streets and adjoining properties. 15. That the employees shall park their vehicles on -site at all times. 16. 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 amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 17. That this use permit shall expire unless exercised within 24 months from the date of approval as speed in Section 20.50.090 A of the Newport Beach Municipal Code. -13- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES AuLyust 19 1993 ROLL CALL INDEX ADDITIONAL BUSINESS: Notion * Motion was made and voted on to excuse Commissioner Edwards Add 'l .- Business ayes * from the September 9, 1993 Planning commission meeting. absent MOTION CARRIED. ADJOURNMENT: 8:10 p.m Adjourn ANNE K GIFFORD, SECRETARY CITY OF NEWPORT BEACH PLANNING DEPARTMENT -14-