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HomeMy WebLinkAbout08/20/2009CITY OF NEWPORT BEACH Planning Commission Minutes August 20, 2009 Regular Meeting - 6:30 p.m. ROLL CALL Commissioners Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge, and Hillgren— all were present. STAFF PRESENT: David Lepo, Planning Director Aaron Harp, Assistant City Attorney Patrick Alford, Planning Manager Tony Brine, City Traffic Engineer Jaime Murillo, Associate Planner Makana Nova, Assistant Planner Chris Savan, Planning Technician Ginger Varin, Administrative Assistant PUBLIC COMMENTS: PUBLIC COMMENTS None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on August 14, 2009. HEARING ITEMS ITEM NO. 1 SUBJECT: MINUTES of the regular meeting of August 6, 2009. Approved Motion was made by Commissioner Peotter and seconded by Commissioner Hillgren to approve the minutes as corrected. Ayes: Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge and Hillgren Noes: None w w w SUBJECT: Moriarty Residence ITEM NO. 2 2128 Mesa Dr. PA2008 -207 An appeal by the applicant, Richard Moriarty, of the Zoning Administrator Continued to approval of a parcel map to consolidate existing portions of lots and parcels into 11/09/2009 a single parcel of land for single - family development. The applicant requests relief from conditions of approval relating to Coastal Commission approval and the ingresslegress access easement. Mr. Lepo noted the applicant has requested a continuance of this item. He noted that staff recommends action be taken tonight. NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 Chairperson Hawkins noted that staffs recommendation is not to continue, deny the appeal, and affirm the Zoning Administrator's determination. Commissioner McDaniel noted that the applicant has not been ready each time he has come to a hearing, and is not willing to continue this again unless there is a specific time that this will be heard. Perhaps we should pull this item and hear it when the applicant is prepared. He noted he does not support continuing this item. Commissioner Hillgren noted the applicant was requested to work out complex issues and so we set the hearing for this date. If the applicant needs more time we need to give them more time to work through these issues. Chairman Hawkins noted a letter authored by Ms. Brockman's attorney agreeing to a continuance. Mr. Moriarty, the property owner and applicant, noted he is dealing with both the County and the City and it has been difficult to get consensus. There is a meeting tomorrow and hopes this will be resolved. The continuance would be the best choice. Commissioner McDaniel asked the applicant when he would be ready for another meeting as you owe it to us to be ready to go, or perhaps you should pull this item and come back when you are ready. Mr. Moriarty noted it is up to the different agencies involved as there are multiple easements on the road in question. Ms. Brockman, who owns this road, has an agreement with me, but it is the County and the City who are holding us up. Assistant City Attorney Harp confirmed that there have been many conflicts with schedules and that meeting could not happen until tomorrow. Mr. Lepo stated that a revised set of conditions have been prepared to allow the Commission to amend the conditions that were approved by the Zoning Administrator to address some of Mr. Moriarty's concerns, specifically for the requirements of Fish and Game approval, which we are willing to delete. Also, relating to the California Coastal Commission not saying he has to have a specific permit, but simply that Mr. Moriarty needs to get a letter from them saying he does not need a permit from the Coastal Commission, or, verification of whatever permit he needs, he will get from them. That takes care of the City's responsibility because the other conditions that require an improved dedicated roadway can't be deleted as that is per the Subdivision Ordinance that there is improved access to public/private road. As far as the negotiation, and what the configuration of that roadway on the County land looks like, is of no concern to Planning staff or the Planning Commission, as long as Mr. Moriarty provides that access consistent with the Subdivision Code. You can act if you chose on the proposed revised conditions. Copies of the revised conditions were distributed to Commission. Chairman Hawkins asked the applicant if he had an opportunity to look at the Page 2 of 14 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 revised conditions. He was answered, no. Commissioner McDaniel noted he has not gotten an answer to his question and until he does, he is not in support of a continuance. Mr. Lepo stated there is no need for the Planning Commission to continue this matter as the negotiations are independent from the decision of the Commission. As long as Mr. Moriarty is able to provide improved access to that parcel map lot, this is good to go. Chairman Hawkins asked the applicant if he could answer Commissioner McDaniel's question. When do you believe you will have a finalized agreement? Mr. Moriarty noted he is not in control of that due to the different agencies involved and can't promise something that he has no control over. Mr. Harp reiterated the focus here is on whether they have complied with the condition or not, and whether the condition is appropriate. I agree with Mr. Lepo's opinion that requiring access to the parcel is required. We are here tonight to determine whether the condition is or is not appropriate, not whether or not he can satisfy the condition, which is really what the agreement relates to. Commissioner Hillgren noted we could go ahead and act tonight, but it seems the applicant is here with the expectation of a continuance. To give the applicant an opportunity to work through this, he made the following motion: Motion was made by Commissioner Hillgren and seconded by Commissioner Peotter to continue this item for thirty days. The applicant will be prepared to act with the understanding that staff is ready for us to move forward. Commissioner McDaniel noted thirty days is not long enough, maybe ninety days. He does not oppose a continuance, but there is nothing offered that thirty days is enough. Commissioner Peotter proposed an amendment to the motion to ninety days. The maker of the motion accepted the amendment.. Mr. Lepo asked for this to be set to a date certain. Chairman Hawkins asked if there was anyone else who would like to speak to the continuance on this item. There was no response. Commissioner Hillgren noted the continuance date would be to November 5, 2009. Ayes: Eaton, Hawkins, Peotter, McDaniel, Toerge and Hillgren Noes: Unsworth Page 3 of 14 NEWPORT BEACH PLANNING COMMISSION MINUTES Port Restaurant & Bar (PA2009-080) 440 Heliotrope Avenue An amendment to Use Permit No. 1566 to allow the following changes in the operational characteristics of the existing restaurant: 1) Expand the existing hours of operation by extending the closing time to 1:00 a.m., and providing lunch service (11:00 am to 1:00 am, daily); and 2) Introduction of live entertainment and dancing. The application also includes an off -site parking agreement to allow the continued use of 40 off -site parking spaces on property located at 2865 E. Coast Highway. Mr. Lepo noted the applicant has requested a continuance of this item; however, there are people in the audience who would like to make comments, and recommends that the public hearing be opened. Commissioner Unsworth noted we could open this item, hear the staff report and comments. We can determine then if we should continue this item or not. Motion was made by Commissioner Unsworth and seconded by Commissioner Hillgren to not continue this item. Commissioner Hawkins noted this matter would be heard in full consideration with the thought it would be continued. Commissioner Toerge noted this should be addressed by opening this item, hearing comments and then, if we think appropriate, continue this item. Ayes: I Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge and Hillgren Noes: None Mr. Murillo gave an overview of the staff report and noted that the application originally included a request to allow lunch service daily; however, that application would require a parking waiver as the off -site parking spaces requested would not be available for the applicant's use. Prior to completing the staff report, he had consulted with the applicant and agreed that his application would only include lunch hours during weekends only. He then noted the applicant's request: ➢Hours of operation extended to close at 1:00 a.m. daily 9 Lunch hour service on weekends, ➢Live entertainment and dancing, which is considered a major change in operational characteristics, requiring an amendment to the use permit; ➢The applicant further requests the ability to utilize the 40 off -site parking spaces during the requested extended hours of operation. Based on the close proximity to residential units in the neighborhood and on information received from the Police Department and Code Enforcement regarding past noise disturbances, staff is recommending denial of the use permit amendment application. By extending the hours of operation, the additional hour with the introduction of live entertainment and dancing, will likely result in additional noise complaints and additional noise disturbances to the surrounding neighborhood. With regard to the off -site parking agreement, 08/20/2009 ITEM NO.3 PA2009 -080 Continued to 09/17/2009 Page 4 of 14 NEWPORT BEACH PLANNING COMMISSION MINUTES currently the spaces are allocated to a three -story office building, which is for the most part, currently vacant. There are a couple of general office uses today with a health facility to open soon. Given the uncertainty of the types of uses that will occupy that building, staff does not feel that the finding can be made that the spaces will be permanently available for the Port Restaurant use. Commissioner Eaton asked about police presence and for a more elaborate presentation on past violations, comparisons and possible change in character of the establishment. Lt. Craig Frizzell of the Newport Beach Police Department, Detective Division, introduced Detective Bryan Moore. Detective Bryan Moore of the Newport Beach Police Department, Detective Division, referencing the memorandum contained in the staff report, noted the following: ➢Most of the investigated violations had to do with violations of the use permit including remaining open after the permitted hours of 12:00 a.m. and providing live entertainment without the proper live entertainment permit. ➢Also, during one of the investigations, there was an issue of overcrowding and blocked aisles. ➢Over 40 calls for services for that location were made and at least 20 of them were with respect to loud music complaints. ➢There is not an issue of the sound level of the live entertainment itself because we conducted a sound level test independent of the applicant's noise contractor and the noise levels did not surpass maximum permitted levels; however, we are concerned with other contributing factors such as people coming and going, increase in vehicular traffic; people outside talking on cell phones, talking while walking to their cars and some of the other issues that go along with alcohol consumption. ➢By increasing the hours, the same problems will continue and be extended an hour later. ➢Any time that live entertainment and dancing are added, there is the propensity for a nightclub type environment. ➢At this location during one of our investigations, we attempted to order food around 10 or 10:30 p.m. and were told they are no longer serving food. When you stop serving food, you are open just for the purpose of selling alcohol beverages and providing live entertainment and dancing then you transform into a nightclub environment. Commissioner Eaton asked if a lesser approval was granted, such as eliminating dancing, would that result in a less possibility of a nightclub characteristic? Detective Moore answered that if they kept their current hours and did not have live entertainment and dancing and continued to operate as a restaurant, we would not have those issues. By adding any of those elements we believe that it could be a problem. He added thev do not have an issue with the opening 08/20/2009 Page 6 of 14 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 for lunch. Chairman Hawkins asked about the live entertainment and what it revealed. If the Commission determined that the extended hours and dancing were problematic but the live entertainment was not, would that change your opinion? Is it going to be a nightclub? Detective Moore answered it was a Disc Jockey (DJ). The music played was more of a club fast -beat type. By looking at the calls for service, it is an issue with some residents with 20 calls related specifically for loud music, although he did not detect it with the sound levels on the test; apparently it is an issue with somebody that lives nearby. So, that could be problematic. Commissioner McDaniel, noting he had met with the applicant, stated their discussion of hours extending to 1:00 a.m. would reduce the amount of people spilling out at one time. They close at midnight now, and everyone does apparently. Does the hour change make much difference? The biggest problems we've been concerned about is people going outside and continue talking, continue drinking, get something out of their trunk and visit and do all the things talked about that the neighborhood doesn't want such as leaving fluids in different places. Would the hour change help the spill out onto the community? Detective Moore answered he did not think so; it would continue the problem that much later. If closing time is 12:00 p.m. then you do "last call" earlier if you want to control people leaving and not have a mass exodus at the time you are supposed to be closed. Commissioner McDaniel noted anything after 11:00 p.m. is problematic. People leave and go to other places that stay open until 2:00 a.m. and play there. Commissioner Unsworth asked about the sound testing. Detective Moore answered the 90 dBA measurement was inside at the DJ table. This level was maintained and checked outside where we got 50 to 55 dBA. Commissioner McDaniel asked about the size of the dancing area and location of the DJ table. Detective Moore answered the DJ table was left of the bar but at the time there was little dancing. The space is about 10 x 10. There is not a lot of room for dancing. Ali Zadeh, applicant, noted the following: ➢ He sent a letter requesting a continuance. ➢ He does not want to bother anybody. businesses for Page 6 of 14 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 this application. That support was not made known to the public and feels this is a disadvantage. ➢ He had asked for the continuance in order to present the entire story for the Commission and to have a fair hearing. He wants the opportunity to present his facts. He does not want to have to defend himself. ➢ The application was made and he wants to make sure there is no truth being distorted. ➢ The live entertainment and dancing has never been a part of his business venue and doesn't really have the space for it. ➢ We are so close to the houses in Corona del Mar that dancing is really not a character of the area. He doesn't want to use the word "coerced" by staff to put dancing in the application, you want it you put it. You never know what is going to happen. ➢ He stated he would remove the request for dancing but he doesn't want to miss out on special events such as a birthday or engagement party and not to be cited over that issue. That is more of a protection. Mr. Harp noted from a due process standpoint, the applicant has asked for a continuance, he hasn't been here previously and in the interest of fairness, and ensure that he is able to present his case, a continuance would be appropriate. Commissioner McDaniel asked if we are going to continue this, when will you be ready? Mr. Zadeh noted he was shocked from the staff report and he wanted to have ample opportunity that all the facts were represented. Chairman Hawkins asked how long would it take? Mr. Zadeh noted a month in order to do a discovery of the agencies that are involved such as the Police Department. Chairman Hawkins noted the letter of August 19th requests the continuance to September 17, 2009 as the date. Is that correct? Mr. Zadeh answered only given if he can get the facts back from those departments. He does not know the process and wants to get the whole history. Mr. Harp noted that any investigatory files are not going to be disclosed as they are confidential records. Typically the applicant would not receive anything other than what has been presented this evening. He stated additional comments came in subsequent to this matter being posted. Chairman Hawkins asked the applicant if there was any other information to be provided. Mr. Zadeh asked what the process would be if he went to City Council and what the timing would be. Page 7 of 14 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 Mr. Harp answered that any decision of the Planning Commission is appealable to the City Council. The appeal period is 14 days after the decision is made. So, if you want to withdraw the continuance request and have this matter heard tonight, you can see how it comes out. You would have the opportunity to appeal it to the City Council. Mr. Lepo noted there is a fee for this appeal, approximately $1500 and it will be increased in the Fall. Mr. Zadeh noted he should hear from the public then he would come back with his attorney after the discovery is done. Mr. Harp noted it is better to have all this at one hearing so you have context, and you don't have memory lapses as to what the testimony was, etc. Commissioner Toerge noted the existing use is not in question. This is a voluntary application by the applicant even though he may be compelled by some citations. It is appropriate if he wants to continue this; that is his right. I also want to hear, and I think the applicant wants to hear, from the residents because his response should include some compromises on components that could address some of those concerns. We need to give him the time to do that but he needs to hear the concerns. We have done this on prior applications. Commissioner Unsworth asked about the status of the parking. He noted he wants a well- defined answer as this is a major issue. Mr. Zadeh answered he has the lease of the property since he purchased the restaurant property. The building and property owners at 2865 E. Coast Highway are not the same. They are trying to make upgrades to their building. The parking has been available to us but based on staff request to have a longer term, he had approached the owners and it has been changed to an annual agreement. We have never had any issues with them and the parking arrangement has been in place for some time with the previous restaurants. No one knows about the future. Chairman Hawkins noted the parking issue is very important and needs to be addressed at the future hearing. Public comment was opened. Chairman Hawkins requested that at the next hearing, we would like to limit the comments made to something new and different, substantially changed so there is no repetition of this testimony. We want this testimony, but we don't want to hear it twice. Appearing in support of the application: Kent Moore, local resident representing the Chamber of Commerce and Business Improvement District noted their support of this application and Page 8 of 14 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 referenced letters received. He is a patron of the establishments at this location and added this is an outstanding restaurant. Danny Rambo, local resident — the Port has done the most to improve their establishment and fit into the neighborhood with the installation of a Plexiglas wall in the front and security; staying opened later will not create any problems as far as noise, this is not a nightclub. Justin Kouts, supports this application stating we need to have the business there otherwise it will be vacant. Carl Cassidy, local resident, asked that this restaurant be given the opportunity and sees no problem with the extension of time. We need revenues for the City. Summer Wheeler, restaurant worker, noted her employer has been willing to address any issues that have come up and is in contact with the patrons. Security is there to assure that doors are closed, people are escorted to their cars and confiscate keys if needed and get cabs for those patrons who need it. They look to see there is no overcrowding. A patron brought in his guitar recently and played for his girlfriend who was having a birthday party; this should not be considered to be a DJ. The restaurant is involved with the community; this is not a nightclub; the proposed new opening to the atrium is to better serve patrons; dinner is served until 11:30 p.m. Mekabiz Mohajr, local resident and personal friend of the applicant, stated the Port restaurant is not a nightclub or lounge. Music being played is tasteful; there is no room for dancing; no couches; it is a place for people to eat; most of the patrons park across the street as well as local patrons walk; increase in the hours allows the crowd to funnel out in a much more consistent level and create less of an issue; security tells people not to talk in the street. Shavonne Schamblu, local resident, stated she is of the age to go to nightclubs and this is not a nightclub. The Port brings a classy touch to Corona del Mar. The extended hour and lunch time business will not have any more of an affect on parking than there already is. Appearing in opposition of this application: Matthew Gudorf, local resident, referred to his letter contained in the staff report and noted he has had to complain about the noise. When they operate under their use permit there is no problem. When they got back under the current use permit and the live music, DJ and dancing went away, so did the noise problems. When they operate to midnight, no problem, but to 1:00 a.m. it just extends the noise issues to later. 4 of their 5 requests change the restaurant to a lounge /nightclub and bar. Restaurants do not need security, nightclubs do. Cabs are parked at Heliotrope idling as late as 1:00 a.m. sometimes later and as far as the concerns of drinking and etc., repeated calls to the Police Department have helped but the problems still occur. This past Fridav there was live music and we had to call the police. If you know you are Page 9 of 14 NEWPORT BEACH PLANNING COMMISSION MINUTES in violation, you don't continue to violate if you are asking for something new. The outdoor atrium door change could change the sound levels. Carl Coatsworth, local resident, stated he has had issues with the noise and traffic. Why have there been repeated violations under the current use permit and why has nothing happened and why is this even being considered? Tom McCall, local resident, stated that with the Port Theater being rebuilt there will be further issues with parking and traffic. The streets are very narrow and there are constant problems. This should be a restaurant and when you stop serving food you convert to a nightclub. The clientele coming in to eat dinner at 8 o'clock is much different than the clientele you will get at a nightclub /bar between 10 p.m. to 1 a.m. Commissioner McDaniel noted we recognize the problems brought up and asked if they would materially change if the applicant was given another hour to stay open. Mr. McCall answered the proportion between a restaurant and a bar /lounge /nightclub extends the problem into the further hours in the morning. People do not get sober between 12 and 1, they get drunker. It would exacerbate the problems we already have. Dawn Stone, local resident, noted similar problems and concerns as previously stated. She added that Saturday and Sundays are relatively quiet during the day but with additional lunch business there will be a change in the solitude due to parking. Carol Ann Rohr, local resident, noted: ➢ The Port restaurant is the only bar that fronts on a residential street and is surrounded by residences on three sides. ➢ There were no sound tests taken on the second level. ➢ She lives about five houses down and her bedroom suite is on the front and the many times live music ban has been violated, you can hear and feel it. Other residents have the same complaints as the sound bounces back on the concrete directly into their homes. ➢ Extending the hours would create more noise and live music would bring a different element. ➢ If the applicant would live within the current permit and operate as a restaurant in Corona del Mar, not a nightclub. ➢ She noted this area has a 75% higher crime rate in the Reporting District and is above the norm for ABC licenses in the area, so we already have our problems. ➢ She then submitted a letter from Jan Johnson for the record. Chris Wissman of JEC Acoustic consultant, explained how the sound study was done, noting testing was done at several locations. There was no detectable sound outside the restaurant with the doors closed. The DJ system and live music system were analvzed at 105 dBA. When the front door was 08/20/2009 Page 10 of 14 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 open you could hear it but was undetectable with the doors closed. The traffic on PCH and airplane noise was much louder. Commissioner McDaniel asked if anything was checked out on the second floor. Is it possible that sound at the second floor would be a concern? If you didn't check it we have a complaint and this might be an issue. Mr. Wissman answered no; they were only required to check at the property line, which is on the first floor. There was no detectable sound with the doors closed. I don't think you would hear anything more on the second floor than on the first floor. Chairman Hawkins asked about the open atrium. What about the sound that emanates up out of that area onto the walls, is that something you deal with? Mr. Wissman answered yes, that is acoustical reflection; however, the bass is not transferred by this method, only the high spectrum. Bass would be transferred through the floor and you would feel it through the ground. We had that system cranked up high. Greg Currans noted he is a patron of the restaurant and this is not a nightclub. The complaints relate to a restaurant use that has been there since 1971. It will not significantly change because of an hour of live entertainment. If you deny this permit, you will have a ghost town in Corona del Mar. We try to keep people in business and they must have 'happy hours' and live entertainment. That is why people go to these places. Parking is a problem all over Corona del Mar and is a problem whether this restaurant was there or not. You need to look at the benefits. This is entertainment done in a nice fashion. Jim Chesbro noted the applicant has stated he will delete his application for dancing so this should address some of the problems people have with this application. Kristina Bruno, worker at the restaurant, noted the patrons tell her how classy the place is. People come to get away and have good food. This is not a nightclub environment. Stacey Jents, works at the restaurant as an accountant and works at night. The owner is very personable and talks to the patrons and reinvests his money into his restaurant to make it better for the community. The security watches out for the patrons as they go to their cars, there are no incidences, and there is no dancing. Commissioner Unsworth asked if the survival of the business depends on getting the requested changes. Ms. Jents stated she could not answer that question A letter was submitted for the record by Ms. Rohr. Page 11 of 14 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 Commissioner McDaniel asked Detective Moore about the complaints that were discussed tonight. Where did they come from? Detective Moore stated he could not answer where they came from other than they were generated and the police responded. Administration Citations were issued for use permit violations not so much the noise, but live entertainment being conducted without a permit. Commissioner Unsworth asked when he had ordered dinner. Detective Moore answered he had ordered the food at 10:15 p.m. and was told there was no food service. Public comment was closed. Jaime Murillo noted that Ali stated he was coerced into applying for dancing, I would just like to clarify that his application that was originally submitted had always requested dancing for special events as well as for weekend nights for his patrons. Chairman Hawkins asked about the Port Theater and the parking demand, how is that relative to our action tonight? Mr. Lepo answered it is likely when the renovation of the Port Theater is completed, there is going to be more parking demand in that area. At the present time that renovation is a ministerial project and nothing has been approved for food service or anything that would require additional discretionary permit. The renovation is currently on hold but there will ultimately be food service of some sort and assuming the hours are coincidental there will be an additional parking demand with additional people in the area. We have to assume that will happen and you will get that application sometime in the future. Chairman Hawkins asked about the requirement for food service Mr. Murillo noted they have a use permit from 1977 and it does not clearly state how long they have to serve food for. It does not include our current standard conditions that we normally would apply. Chairman Hawkins stated they may terminate food service prior to closing. What about the ability to have 'happy hour'? Mr. Murillo answered yes, and 'happy hour' is not currently prohibited in the conditions of approval. Motion was made by Commissioner Toerge and seconded by Commissioner Peotter to continue this item to September 17, 2009. Ayes: I Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge and Hillgren Noes: None Page 12 of 14 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 * * JBJECT: Balboa Inn Hotel / Siena Restaurant (PA2008 -197) ITEM NO. 4 105 Main Street PA2008 -197 A six -month review will be conducted for an amendment to Use Permit No. 3158. Received and On March 19, 2009, the Planning Commission approved an amendment to Use filed Permit No. 3158 that allowed live entertainment for the patrons of the restaurant within the covered courtyard, and expanded the number, hours and area of private events with live entertainment. Mr. Lepo introduced Planning Technician Chris Savan, who then gave an overview of the staff report. Commissioner Unsworth, referencing Condition No. 16 regarding sound measurements, asked if there were any written records of those tests. Mr. Savan, answered there were none, adding there have been no complaints received by Code Enforcement. Commissioner Unsworth suggested written records be maintained. He asked if Conditions No. 22 and 23 had been complied with. Mr. Lepo answered Condition No. 22 had been complied with. Ron Baers, representing the applicant, answered on Condition No. 23, the partition between the rooms has been removed and there are two exits. He noted there is metering done on site for every event with live entertainment. He is not aware of any written records but would provide that in the future if necessary. To date, the readings being conducted by the managers on site have shown to be below the recommended maximum sound level. Chairman Hawkins asked how many events have occurred Mr. Baers answered there is a list in the staff report that covers the period January through July with a total of sixteen events. Chairman Hawkins asked if it was possible to amend Conditions. Mr. Harp answered it is not possible, this item is receive and file and is not here for any modification to the permit. If there is an understanding to keep written records and he is in agreement to that we should take his word for it and it is in the minutes. Public comment was opened W. R. Dildine, local resident, stated that with the City's enforcement of sidewalk and boardwalk safety, there have been business establishments conducting their business out on the public right -of -way on the boardwalk or Oceanfront walk that are also on the Orange County Transportation Bike plan. This establishment is moving a podium out onto the boardwalk to take reservations. It is a safetv hazard. He then added bicvcle oarkina in that area on the Page 13 of 14 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 weekends is a disaster. Mr. Baers answered there is a podium located at the access door to the bar next to the planters so it is not in the traffic way. It might be people lined up at the podium causing an obstruction, although I have never heard that was an issue. This the primary entrance to the bar area. There is no bike parking on property. Commissioner McDaniel noted that the Balboa Inn is a much better place in the community. Motion was made by Commissioner Peotter and seconded by Commissioner Hillgren to receive and file. Ayes: Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge and Hillgren Noes: None NEW BUSINESS: City Council Follow -up — Mr. Lepo noted there was a study session on proposed Title 19 Subdivision Code revisions because of the concerns of reversed comer lots; there was a determination to rescind the prior initiation of a General Plan Amendment for properties that make up the Newport Beach Country Club; and, there was a special meeting on Tuesday at which it was announced the appointment of David Kiff as the new City Manager. Planning Commission reports. — Commissioner Eaton reported that the GP Implementation Committee met twice since the last Commission meeting and is scheduled for three more meetings in September to get through the Zone Code. Commissioner Hawkins reported that the EDC met yesterday and received reports on the new City website and ability for economic development issues; and, there was some discussion on the Port project. Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report — none. Requests for excused absences —none ADJOURNMENT: 8:30 p.m. CHARLES UNSWORTH, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 14 of 14