HomeMy WebLinkAbout1a - Proposed changes to draft minutes - Vice Chair TuckerChanges proposed by Vice Chair Tucker
NEWPORT BEACH PLANNING COMMISSION MINUTES 915/2013
Commissioner Brown noted that dancing is permitted in a nearby location and that it should be considered in
allowing dancing at Woody's.
Ms. Wisneski reported that staffs recommendation to deny patron dancing is consistent with the Planning
Commission's findings made in November 2012.
Chair Hillgren commented on the mixed -use area, addressed compatible surrounding uses and felt that
continuation of a use should not be considered on the basis of prior use, but rather whether or not is it
compatible with the uses in the neighborhood.
Vice Chair Tucker commented that a plan to reduce noise was not relevant since all projects are required e fl;e
no se issue and the need to comply with the Code with respect to noise. So the results- of a -a
noise study proiecting required compliance cannot be a basis to approve the Applicant's request 1�4
t^ hiM, is ^ ^t ^^ issue. The real issue before the Commission is the compatibility of the proposed
changes requested by the Applicant with surrounding allowed uses, ; He addressed the updates to the General
Plan in 2006 which changed allowed uses in the vicinity. Specificaltv, Vice Chair Tucker read from Municipal
Code Section 20.52.020 a finding the Commission must make''lin order approve a modification to a conditional
use permit: "The design, location, size, and operating characteristics of the use are compatible with the allowed
might not be a good idea to allow dancing at Applicant's because it could result in some patrons having too
much to drink and leaving the Applicant's business at 2:00 in an area with residential uses
€w4nes red _,ei. He agreed that the project
should be evaluated on the merits, rather than on whether Applicant in the past hadve allowed dancing H+
or was in violation of any permit requirement . Accordingly, Vice Chair Tucker reiterated that in
order to vote in favor of Applicant's request to allow dancing a finding of compatibility would need to be made.
Commissioner Ameri felt that if the operators can improve the service provided and still be within the law, then it
should be approved. He reported that dancing will not add to the noise and didn't see a problem with allowing it.
If it proves to be problematic, then it would be up to the Police Department to address.
In response to Commissioner Kramers inquiry regarding a grandfathering provision, Ms. Mulvihill reported that
their present permit specifically states no dancing. The subsequent permit they would apply for is issued by
Revenue and is more of a revenue permit as opposed to a discretionary permit.
Discussion followed regarding the chances of success with the City in approving a dancing permit if the
Commission approves it. Ms. Mulvihill stated that the approval would include site - specific provisions.
Mr. Rowan addressed issues related to enforcement and conditions that Woody's would have to meet prior to
having a dancing permit issued to them. If the Commission were to allow dancing, it would not necessarily result
in the issuance of a dancing permit by the City; they would still need to meet the requirements per the Municipal
Code and amend their present live entertainment permit and obtain an appropriate Operator's License issued by
the Police Department.
It was noted that regarding the operator's permit the City would provide notice that an action is being considered
to surrounding property owners.
Chair Hillgren agreed with Vice Chair Tucker that the compatibility issue changed with the revised General Plan
and the addition of residential uses in the area. He added that the noise issue has been resolved but stated that
the fundamental use needs to be limited to weekends.
Commissioner Ameri stressed that it should be specifically stated that no dancing is allowed on the patio
Chair Hillgren noted that it is specified that dancing would only be in the interior.
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NEWPORT BEACH PLANNING COMMISSION MINUTES 915/2013
Discussion followed regarding incorporating changes proposed by the applicant and staff to the Conditions of
Approval and specifically addressing Conditions 51 and 52.
Chair Hillgren noted that he did not agree with changes requested by the applicant regarding Condition 52. He
clarified the intent of Condition 51, and modified the condition to delete the prohibition for door charge, but
maintained the prohibition of minimum drink orders.
Vice Chair Tucker indicated he will not support the motion adding that it affects the quality of life in relation to the
existing and future residential component and the required compatibility finding cannot be made.
Motion made by Chair Hillgren and seconded by Commissioner Ameri and carried (5 — 2), to adopt Resolution
No.1922 approving Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006, to allow the
proposed patio cover to encroach into the bulkhead setback; extend the opening hour of the restaurant and
outdoor dining area to 10:00 a.m., daily, and extend the closing hour of the outdoor dining area to 2:00 a.m.,
on weekends (Friday and Saturday nights); require the use of the valet parking on an as- needed basis only;
and waiver of a portion of the required parking and allowing the introduction of patron dancing within the
interior of the restaurant but denying the removal tables and chairs within the outdoor dining area on week
nights (Sunday to Thursday nights).
AYES: Ameri, Brown, Hillgren, Kramer and Lawler
NOES: Myers and Tucker
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 MOTION FOR RECONSIDERATION - None
ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
Committee Updates:
1. Land Use Element Amendment Advisory Committee
2. General Plan /Local Coastal Program Implementation Committee
Ms. Wisneski announced an upcoming special meeting of the Planning Commission on September 11, 2013,
at 4:00 p.m. in conjunction with the Balboa Village Advisory Committee and the Urban Land Institute.
Additionally, she announced that on Monday, September 9, 2013, at 6:00 p.m., there will be a public
information meeting in the Community Room updating the community on the outcome and recommendations
by the Land Use Element Amendment Advisory Committee. She reported that staff has been having
discussions with Coastal Commission staff regarding Local Coastal Program Implementation.
Vice Chair Tucker addressed items for discussion on the General Plan /Local Coastal Program
Implementation Committee's upcoming agenda.
Informal recommendations will be given to the Planning Commission at its meeting on September 19, 2013.
ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT - None
ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES
Vice Chair Tucker requested an excused absence for the Planning Commission meeting of October 3, 2013.
Chair Hillgren noted that he will be absent for the Planning Commission meeting of September 19, 2013.
IX. ADJOURNMENT
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