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HomeMy WebLinkAbout10/21/2010CITY OF NEWPORT BEACH Planning Commission Minutes October 21, 2010 Regular Meeting — 6:30 p.m. ROLL CALL Commissioners Eaton, Unsworth, Hawkins, McDaniel, Toerge, Ameri, and Hillgren - present STAFF PRESENT: James Campbell, Acting Planning Director Patrick Alford, Planning Manager Leonie Mulvihill, Assistant City Attorney Tony Brine, City Traffic Engineer Javier Garcia, AICP, Senior Planner Ruby Garciamay, Department Assistant POSTING OF THE AGENDA: The Planning Commission Agenda was posted on October 14, 2010. PUBLIC COMMENTS: Acting Planning Director James Campbell introduced Mr. Joel Fick, Interim Community Development Director, and Mr. Benjamin Zdeba, Planning Technician. Mr. Campbell informed the Commission that Mr. Fick will be with the city for six months to assist both the Planning and Building Department with improved customer service and functions. REQUEST FOR CONTINUANCES: None CONSENT ITEMS SUBJECT: MINUTES of the regular meeting of October 7, 2010. ITEM NO. 1 Motion was made by Commissioner Hawkins, seconded by Commissioner Approved Unsworth, to approve the minutes as corrected. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge Noes: None Abstained: Hill ren CURRENT BUSINESS SUBJECT: Discussion of land use and development issues with the City of ITEM NO. 2 Newport Beach Harbor Commission Mr. Campbell informed the Commission that the joint discussion with the Harbor Commission will be rescheduled for November 201 0. NEWPORT BEACH PLANNING COMMISSION MINUTES 10/21/2010 PUBLIC HEARING ITEMS El Ranchito Restaurant Expansion — PA2010 -121 ITEM NO.3 2515 East Coast Highway PA2010 -121 An amendment to Use Permit 3072 (formerly Use Permit 1417), which Approved established the existing full service restaurant with alcoholic beverage service. The following changes to the operational characteristics are proposed: 1) to expand the restaurant into the neighboring vacant tenant space to accommodate new restroom facilities (404 sq ft); an employee service hallway (70 sq ft) and a take -out counter with customer waiting and retail area (566 sq ft); 2) to increase the opening hours on Saturdays and Sundays to 9 a.m. (two, and one and one half hours earlier, respectively); and Monday through Friday to 10 a.m. (one hour earlier). The closing hours will not be altered and are currently Midnight Sunday to Thursday nights; and 2 a.m. on Friday and Saturday nights; and 3) to change conditions of approval that require valet parking during evening hours, to allow the use of valet parking services on an as- needed basis (to accommodate special events and holiday peak use); and 4) restatement of conditions of approval regarding the existing waiver of a portion of the parking requirement. Mr. Javier Garcia, Senior Planner, gave a brief PowerPoint presentation profiling the background of the property formerly occupied by the former Oysters Restaurant, addressed the issue of the parking waiver, and outlined the proposed changes requested by Mr. Sergio Avila, the Applicant and Owner /Operator of El Ranchito. Mr. Campbell informed the Commission that the parking waiver is requested because the applicant was not able to secure off -site parking required by the original use permit approval. After discussion, the Commission identified and presented some general comments and concerns in regard to the proposed expansion: • Clarification regarding hours of operation and the scope of the Walker Study as presented. • The use permit approved for Oysters in 1984 provided for patio dining at the front of the facility, which was included in the overall net public area — the current proposal also includes that patio in the overall net public area. • With extended hours, the atrium dining room in the rear of the restaurant, might present a noise issue. • The minutes from the 1983 and 1984 Planning Commission meeting denote that Oysters must make an effort to find and account for 24 off - site parking spaces. No notice was provided to the Planning Department or to Code Enforcement that they were not providing the required off -site parking spaces. Page 2 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/21/2010 • The decisions made regarding the conditions of the use permit will vest with the property and not the applicant, so future ownership and potential consequences must be considered. • Whether or not there would be dedicated parking for the added take- out service and how this may add to the current parking deficiency. • The option of requiring employees to park in the municipal lot with the employer purchasing the permits to alleviate the impact of employees occupying on- street parking in the nearby residential area. • Whether the extension of opening hours would worsen the already insufficient parking situation. • Whether or not plans have been submitted to begin the process of installing a grease interceptor and a roof cover to the trash enclosure area. The applicant responded to several questions from the Commissioners regarding the applicant's need for extended hours, occupancy of the surrounding lots during peak hours, and the feasibility of implementing a valet parking program. Additionally, the applicant requested to modify Condition No. 3 in order to allow for margaritas (alcoholic beverages) within the proposed waiting area of the restaurant space and to remove Condition No. 20 requiring security personnel on -site. The public comment period was opened. Comments were given by the following residents from the surrounding neighborhood: Jackie Peters — 700 Begonia Avenue Marshall Perkins - 700 Begonia Avenue Paul Dulkas — 301 36`h Street Dan Purcell - Corona del Mar Resident The residents had the following comments • Deny the restaurant expansion. • The employees of El Ranchito occupy most of the on- street parking within their neighborhood. • Several restaurants in the area have been permitted to expand in recent years and the condition of insufficient parking should not be prolonged any further. • The customers who leave El Ranchito at late hours are disruptive to the surrounding residential neighborhood. • The trash receptacles at the previous location were unsiahtly and were Page 3of5 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/21/2010 continuously overfilled to the point where waste would filter into the alleyway. • The current trash enclosure has a washout area which is downgrade and leads to the refuse washing down to the street. • The reduction of seating should not cause a major influx of needed parking spaces and El Ranchito expansion should allowed. The applicant responded to the public comments and stated that his main wish to expand surrounded the need for updating the restrooms to comply with Americans with Disabilities Act (ADA) requirements. Additionally, he stated the garbage was picked up daily, except for Sunday and he plans to upgrade the trash enclosure in the future. Public comment was closed. After discussion, the Commission reiterated the following concerns and comments: • The proposed closing hour of 2:00 a.m. is problematic in that most Police Department calls are made at or around that time. Closing earlier than 2:00 a.m. could prevent problems. • The parking is insufficient as it stands and could not be sufficiently mitigated by a valet parking program. • Quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food. Motion made by Commissioner Toerge, seconded by Commissioner Eaton, to adopt resolution approving Use Permit No. UP2010 -025 allowing for the expansion of El Ranchito subject to the following conditions: • The employer (applicant) must purchase a parking permit from the City of Newport Beach for each and every employee, including, without limitation, management personnel, and require each and every employee to park in the municipal parking lot located at the corner or Fourth Avenue and Dahlia Avenue. • The hours of operation must be limited to 10:00 a.m. to 12:00 Midnight, Sunday through Thursday; and 10:00 a.m. to 12:30 a.m., Friday and Saturday. • Eliminate the valet parking requirement. • Modify Condition No. 3 to allow alcoholic beverage service in the waiting area of the deli /take -out area. • Modify Condition No. 20 by deleting the word "security ", and specify off -site parking as the 18 parking spaces associated with the property. Page 4 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/21/2010 Add a new condition to require a one -year review before the Planning Commission after the date of approval' Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Ameri, Toerge and Hillgren Noes: None NEW BUSINESS None STAFF AND COMMISSIONER ITEMS City Council Follow -up — James Campbell gave a report on prior City Council ITEM NO. 4 meeting. Planning Commission reports — Commissioner Hawkins reported the Economic ITEM NO. 5 Committee was presented with a presentation from an OPIS group which provides training to small business for enhancement. The program is not subsidized by the City and is only being hosted the City. A mailing will be prepared to all licensed business to inform them of this available program. Commissioner Hawkins further stated the EDC has formed a sub - committee to review business licenses and that he was on this sub - committee. Announcements on matters that Commission members would like placed on a ITEM NO. 6 future agenda for discussion, action, or report. Commissioner Hawkins noted that the solar panels report was not listed on the November 18 pending agenda and expressed his concern of not having enough time for the solar panel presentation on November 18 due to the heavy agenda. Chairperson McDaniel questioned if the upcoming meeting with the Harbor Commission was going to be a presentation or a joint meeting. Mr. Campbell confirmed it was a presentation with a discussion and is scheduled for the November 18, 2010, Planning Commission agenda. Commissioner Unsworth expressed his approval of the expanded October 7, 2010, minutes. Mr. Patrick Alford asked the Commission if they would consider going dark on January 6, 2011. Meeting was adjourned to November 18, 2010. Requests for excused absences — None ITEM NO. 7 ADJOURNMENT: 8:34 p.m. MICHAEL TOERGE, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 5 of 5