HomeMy WebLinkAbout1.0_Draft Minutes_08-20-2009Planning 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
SUBJECT: MINUTES of the regular meeting of August 6, 2009.
ITEM NO. 1
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
OBJECT: 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
11109/2009
a single parcel of land for single - family development. The applicant requests
relief from conditions of approval relating to Coastal Commission approval and
the ingress/egress 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 staff s 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 requestedr o work out complex
issues and so we set the hearing for this date. If the appf t needs more time
we need to give them more time to work through these -iss 's.
.............
..............
Chairman Hawkins noted a letter authored by Ms B(Qckman's attorney
agreeing to a continuance. f RI r,
Mr. Moriarty, the property owner and apps' { T, noted he is dealing th both the
County and the City and it has been d k f It to get consensus ire is a
meeting tomorrow and hopes this will be regd {ved. The continuanced be
the best choice.
Commissioner McDaniel asked the applicant wheY,he would be ready for
another meeting as you owe it to us to be _[eddy to gb'tsr;perhaps you should
pull this item and come back when you are regq
Mr. Moriarty note 's up.trthe different ages' lihOol_v_ed,as'there are multiple
easements on ate road in question. Msrtifian, whzis this road, has an
agreement with rsjl but it is ther�County a 'the City who are holding us up.
have been many conflicts with
I tomorrow.
Mr stated that ftyisedUt of conditions have been prepared to allow the
Common to amend the cor pns that were approved by the Zoning
Administrator to address some of W Moriarty's concerns, specifically for the
requirements -f Fish and' e approval, which we are willing to delete. Also,
relating to the` iahfomia stal Commission not saying he has to have a
specific permit, Ibb t simpr' at Mr. Moriarty needs to get a letter from them
saying he does not treed a perrnit from the Coastal Commission, or, verification
of whatever permit "he i1needs, 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
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 havalized agreement?
Mr. Moriarty noted he is not in control of that due #o the different agencies
involved and can't promise something that he has no conhttl er.
Mr. Harp eiterated the focus here is on
p �r they have complied with the
condition or not, and whether the condltioti"is appropriate. I age with Mr.
Lepo's opinion that requiring access to #tte parcel is required. 'e here
tonight to determine whether the Isbos not no
condition ,ropriate,
::11
or not he can satisfy the condition, which is rea wha# die agreement relaf0 to.
Commissioner Hillgren noted we�oti go ahead ancfct tonight, but it seems
the applicant is here with the �kpec of a coat trance. To give the
applicant an opportunely to work through this,> ade the fo owing motion:
Motion was m Cott inissioner 9- ren_and sacvt eel tYy Commissioner
Peotter to contra this item thirty days *i1 be prepared to act
l"Wapplicatl
with the understanditrg that st is ready for'rs to move forward.
CommisOlOW McDanidk ooteaf thiE days i iiot long enough, maybe ninety
dad, le doe i of oppcd" continiance, but tyre is nothing offered that thirty
c#Wis enough.
vi
Commssioner Peotter }posed anamendment to the motion to ninety days.
The mater of the motion epted ttt "Ornendment.
Mr. Lepo as this to b set to a date certain.
Chairman Hawkinskec1 °i'there was anyone else who would like to speak to
the continuance on tFi Urn. 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 co
there are people in the audience who would
recommends that the public hearing be opened.
Commissioner Unsworth noted we could
and comments. We can determine then i
Motion was made by Commissions-
Commissioner Hillgren to not continue this
Commissioner Hawkins not
with the thought it would be
item,
s item; however,
comments, and
the staff report
ik5 item or not.
and sedi. d by
l's
I in full consideration
Commissioner Toergenoted this should btftice_ssed by opening this item,
Noes:
and Hillgren
> gave d) erviev of the staff report and noted that the application
included stgx'Allow luih service daily; however, that
V woukf regwrei� �a parking walver as the off -site parking spaces
would n be a Ha,ble for tWe114p plicant's use. Prior to completing
report, h.; _d consulted with ''the applicant and agreed that his
i would onli� clude hours during weekends only. He then
➢Hours" ..l pe ratio n ended to close at 1:00 a.m. daily
➢Lunch houj3�5 rvice,or�;weekands,
>Live enterl i an'd dancing, which is considered a major change in
ni i Ala; ;,Ii ��.
operational ch cteristics, requiring an amendment to the use permit;
➢The applicant fuifher 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 oarkinq 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
introduced Detective Bryan Moore.
Detective Bryan Moore of the Newport
Division, referencing the memorandum c
following:
➢Most of the investigated violations
permit including remainin
and providing live entert
permit.
➢Also, during one of the irn
and blocked aisles.
➢Over 40 calls f r_ services
them were c t to
➢There is,-.:.A4&`3 an isgu V
because V`V&conductd e
noise contrailr_and thea
e aea an no
rpC�
➢Anon }irne that I
propensity for a
open
there
Detective Division,
dlice Department, Detective
in the staff�3eport. noted the
do with violationir9dethe use
iermi?tt hours of 12t,a.m.
�i
he-, live entertainment
of overcrowding
at least 20 of
the SOT J �~ i f °of th& tiiV�, entertainment itself
sound le i;'st mdepentlent of the applicant's
ioise leveleii�yjfl not surpass maximum permitted
cerned with _other contributing factors such as
1 'increase in;, ehicular traffic; people outside
tinq wF ite iWalkirici to their cars and some of the
same problems will continue and be
ainment and dancing are added, there is the
type environment.
➢At this I'd6b ion dur #Atone of our investigations, we attempted to order
food arounrr'ai0 oar 30 p.m. and were told they are no longer serving
food. When `y; ;i' ,'p serving food, you are open just for the purpose of
selling alcohol ve ages 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 openina
08/20/2009
Page 5 of 14
NEWPORT BEACH PLANNING COMMISSION MINUTES
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; arently it is an issue
with somebody that lives nearby. So, that could be pr..ob,,,,.tatic.
Commissioner McDaniel, noting he had met
discussion of hours extending to 1:00 a.m. wo
spilling out at one time. They close at m,
apparently. Does the hour change Tam ' 'i
problems we've been concerned aboufM,' e
talking, continue drinking, get something -!q
the things talked about that the neighborh,
fluids in different places. Would, the hour ch
community?
Detective Moore answered he did
that much later. If clnq time is 1
want to control pip_ ±ng and
supposed to based.
Commissioner M
Peonle.leave and
the
rith fFe iplicant, stated their
d reduoe th @,;:amount of people
ght now a0 :everyone does
ich differences -,The biggest
le going outside" continue
their trunk and visited do all
doesd vant such d aving
e Eii -the spill out orr1 the
it wodl``cpntinue the problem
you do UM call" earlier if you
exodus :ti' "the time you are
11:00 p.m. is problematic.
open until 2:00 a.m. and play
testing.
Detect ;Moore answered the 9VBA measurement was inside at the DJ
table. Th bevel was maijtained and checked outside where we got 50 to 55
dBA. Ilhruii
Commissioner MC[5'ar{��l Asked about the size of the dancing area and location
of the DJ table. "iiifii69iiV''.
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.
➢ He has su000rt from the community an
08/20/2009
Page 6 of 14
NEWPORT BEACH PLANNING COMMISSION MINUTES
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, yoq,i g it you put it. You
never know what is going to happen.
t
➢ He stated he would remove the request for daubing but he doesn't want
to miss out on special events such as a b�ihday,ot engagement party
and not to be cited over that issue. That. is more ofotection.
Mr. Harp noted from a due process sterttfpoint, the aF
continuance, he hasn't been here previdund in the
ensure that he is able to present his case, a =ebntinuano
Commissioner McDaniel
be ready?
Mr. Zadeh noted he vas
ample opportunity- I
Chairman HaW)q%
i
1
aske
1 �
Mr. Zadeh noted a
i
mvolvei sucheis =the Poi
Ctrman Hawknf �'3
Sepfeper 17, 2009 ti� j
Mr. Zadeh answered o
departments? 1e does
vz
history. " iEfiliii y,:.
be
going fo Continue this, when
for a
and
you
shocked 1fn the 5%%Feport ante wanted to have
the facts reoresenti:,,.
do a digcovery of the agencies that are
of August 19"' requests the continuance to
that correct?
iven iT he can get the facts back from those
know the process and wants to get the whole
Mr. Harp noted that ar�°' ;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.
08/20/2009
Page 7 of 14
NEWPORT BEACH PLANNING COMMISSION MINUTES
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 hea 19 so you have context,
and you don't have memory lapses as to what the'tet�ny was, etc.
Commissioner Toerge noted the exiE
voluntary application by the applicant
some citations. It is appropriate if he
also want to hear, and I think the apr
because his response should include
could address some of thosq i i perr
that but he needs to hear ° aor
applications.
Commissioner
wants a well -d(
Mr. Zadeh
restaurant
arras, jement has be
No on" knows about
Chairman Ht
addressed at
Public comment
asked abi
#kr as this
he hasthe lease o
The b ildino and
ris not in question. This is a
though he nue may'i,* mpelled by
to conti this; tFi '=his ri ght. I
wants to hear, from tsidents
We
the
er had a
or some
on componem -inat
him the timeitd do
done this on prior
the parkinq. He noted he
property since he purchased the
perty owners at 2865 E. Coast
.X make upgrades to their building.
sed on staff request to have a
and it has been changed to an
issues with them and the parking
ie with the previous restaurants.
parking issue is very important and needs to be
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
08/20/2009
Page 8 of 14
NEWPORT BEACH PLANNING COMMISSION MINUTES
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 restaurani'mven the opportunity
and sees no problem with the extension of time . -W eed revenues for the
City.
Summer Wheeler, restaurant worker, notedlh
address any issues that have come a acid
Security is there to assure that doors ai'81rlo:
cars and confiscate keys if needed and gst,l
They look to see there is no overcrowdincj:
recently and played for his pitlf4iend who w
should not be considered to'bDJ. The
community; this is not a nightclii4he propose
better serve patrons; dinner is served untT't.,:
v employer`hatibeen willing to
is in contact w- the patrons.
;d, people are efthad to their
s for those patrons weed it.
paw ibrought in i9juitar
s 2wf:9 a birthday party;, >this
restaurant is involved with the
I new opening to the atrium is to
P.M.
Mekabiz Mohatr,rf ent and personal_f�a the apjsiicant, stated the
Port restaurant jj;iiiot a'na� club or tdunge� usitng played is tasteful; g'fln there is no rooni4bC dancm�l) i,, couchesi �t is a place for people to eat; most of
the patrons park across the street as wel !Jocal patrons walk; increase in the
hours allp fr�s the ciil +d to r inel ,out m iinuch more consistent level and
creatdessat issue', security tellsysoole rf�i#to talk in the street.
Stj Yonne Schamb cal resideent, stated "`she is of the age to go to nightclubs
and'i;e' not a rnghit The .P rt brings a classy touch to Corona del Mar.
The eed hour and�l�uach tim"Gitbsiness will not have any more of an affect
on parkM', there alreft is.
;,ii.,
Appearing in opo sition of #his application:
Matthew Gudorf, 1oc61114,6sident, 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
Friday there was live music and we had to call the police. If you know you are
08/20/2009
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
441 at 8 o'clock is much different than the clientele you wlf -Ft at a nightclub /bar
between 10 p.m. to 1 a.m. !;
Commissioner McDaniel noted we re
asked if they would materially change
to stay open.
Mr. McCall answered the proportionj1j��l
bar /lounge /nightclub extends the problem in
People do not get sober been 12 and
exacerbate the problems we air�dy;;have.
Dawn Stone, local resident,
stated. She added „:tha.Sa
•: _ ,
day but with addttro ” =_'t9?
due to Darkinan;illls;;;11l= -_
Carol Ann Rohr,
and is strrc' Itdea
There werd4z ,
$he lives abbi
and the many fil`',
a :`feel it. Oth(
bounds back on
brought up and
an another hour
)urs in th
drunker.
ns as previously
quiet during the
in the solitude
fronts on a residential street
residences "�ree sides.
tests taken on the second level.
oikSEtls;.down and her bedroom suite is on the front
live riic ban has been violated, you can hear
sidents have the same complaints as the sound
concrete directly into their homes.
would create more noise and live music would
bring a dlff tent eWment.
➢ If the applicdfit3* Id 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
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. about the sound that
emanates u out of that area onto the walls, is that, �rnethin
p � g you deal with?
Mr. Wissman answered yes, that is acous deflection h- er, the bass is
not transferred by this method, only high spectrum �Obss would be
transferred through the floor and you w64, 10 feel it through the grog d, We had
that system cranked up high. 3
Greg Currans noted he is a pa" _._ra„ of the restadrant:;gdd 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 five entertainment. If you
deny this permit, you will have a ghost tov Corona dbkMar. We try to keep
people in business-and-they must: hive 'happltiours' andve entertainment.
That is why peop�loaahese placed Paslung �s a- problVro all over Corona
del Mar and ��iir oblem wffether this ref�ht wa& tt4�re or not. You need
to look at the becreflts This ra nterta one in a nice fashion.
Jim C4esbro noted it 111apphcant teas stat be will delete his application for
damping so thistshouidiaddress sbinsft,of,the problems people have with this
KnsitiBruno, workers ,the restaurant, noted the patrons tell her how classy
the place is. People c i;g to gd4Nay and have good food. This is not a
Stacey Jents works at _t[erestaurant as an accountant and works at night.
The owner is very personable and talks to the patrons and reinvests his money
..................... .
into his restaurant flake 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.
08/20/2009
Page 11 of 14
NEWPORT BEACH PLANNING COMMISSION MINUTES
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
there was no food service.
Public comment was closed.
Jaime Murillo noted that Ali stated he
would just like to clarify that his appl
always requested dancing for special
his patrons.
Chairman Hawkins asked abouhe, Port
is that relative to our action torridti#
Mr. Lepo answered it is likely When
completed there islggpilpq to be mQ-
present time that RNI nk i an is a rttt
approved for ,food serv�n or an .
discretionary 1A tilt, The!113�enovatior
ultimately be food;Mlservice,11;; f some
in
Hawkins
,greed into app
�liat was origii
as well as for
p.m. and was told
parking
for dancing, I
Ubmitted had
d::.niohts for
tAvation 60V Port Theater is
i�mand
"11t hat area. At the
rot ;,and niithing has been
Kat std,: require additional
urently on hold but there will
and assuming the hours are
i demand with additional people
Happen and you will get that
for food service.
Mr. Murill'"`ikited they hav !:':a use permit from 1977 and it does not clearly state
,,x
how long theyave to sett "food for. It does not include our current standard
conditions that u;,normp#y1 could apply.
Chairman Hawkins §iated 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: Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge and Hillgren
Noes: I None
08/20/2009
Page 12 of 14
NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009
Balboa Inn Hotel / Siena Restaurant (PA2008 -197) ITEM NO.4
105 Main Street I 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
overview of the staff report.
Commissioner Unsworth, referencing
measurements, asked if there were any
Mr. Savan, answered there were
received by Code Enforcement.
Commissioner Unsworth suggested written it
Conditions No. 22 and 23 had; §e p complied
Mr. Lepo answered Condition NM
Ron Baers, represprltin q the apl
partition betweer �► s has
noted there i ermg d6¢ on
He is not away h
.any wn re
necessary. To clthe rearing
have sh..2wn.to be be ir.twi"
is'
July
Chairman
Mr. Harp answereel'i
for any modification
records and he is in
the minutes.
Public comment was opened.
many
there have
then gave an
regarding sound
>e tests.
complaints
if
on Cvf }tion No. 23, the
kt here'! #e two exits. He
rttn." live entertainment.
)rove that in the future if
I by the managers on site
n sound level.
occurred.
in the staff report that covers the period
bdeen events.
was possible to amend Conditions.
aible, this item is receive and file and is not here
iit. If there is an understanding to keep written
to that we should take his word for it and it is in
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.
Page 13 of 14
NEWPORT BEACH PLANNING COMMISSION MINUTES
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 1 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 secortby Commissioner
Hillgren to receive and file.
..,--
Noes: None
NEW BUSINESS:
City Council Follow -up — Mr. Lep"oted th ere was a study session on proposed
Title 19 Subdivision Code revisiorrsbecause;of the conci ns of reversed comer
lots; there was a determination to rescind theg itiation of a General Plan
Amendment for pr !, at makethe Na' Beach Untry Club; and,
there was a �al.,:rn +t on Na ch pas announced the
appointment of trid Kiff as new City Mttn1a er.
Planning Commissiort reports G,ommissider Eaton reported that the GP
Implemerattpt2 GomrrrRt twit since the 18st Commission meeting and is
sehedd dd 1br i e more meetings in S0 4 tq beP o get through the Zone Code.
PUN { �.+u� i,
C$�riu�rrssioner Hawld�r' " +' hreported that the EDC met yesterday and received
repo rt+n the new Ci bsite e' liability for economic development issues;
and, then was some dis 16ion on tft Port project.
future agenda
Requests for
ADJOURNMENT:
Commission members would like placed on a
m, or report — none.
—none.
8:30 p.m.
CHARLES UNSWORTH, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
08/20/2009
Page 14 of 14