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Home My WebLink About12 - Attachment CC4Attachment No. CC 4 March 3, 2011 Planning Commission Minutes 95 m NEWPORT BEACH PLANNING COMMISSION MINUTES 3011 Newport Boulevard The application consists of a conditional use permit request to expand an existing eating and drinking establishment and to allow for the use of off -site parking. The application also includes a request for a comprehensive sign program to allow more than three signs on a single- tenant building. Jaime Murillo, Associate Planner, gave a brief overview of the staff report and mentioned the following: Staff was originally in support of the proposed project, including the expansion of the interior dining area. Staff believed that the Operator License would provide the Police Department with an effective tool to regulate the late hour operations; however, after receiving additional information from the Police Department, staff reconsidered the recommendation and recommended that the Planning Commission deny the interior dining room expansion and only approve the other dining area. Even with the requirement to secure an Operator License, negative impacts resulting from the large influx of patrons leaving the establishment and adjacent establishments cannot be prevented as they are outside the control of the Operator and on -site operations. Some of the negative impacts cited were as follows: • Taxi cabs and cars blocking circulation upon closing. Jay walking as a result of patrons exiting the restaurant. Patrons loitering in the surrounding neighborhood and congregating in the late hours. The Planning Commission discussed the following issues: • Sprinkler requirements. • Interior re -model without adding floor area. • Hours of alcohol service. • Indoor occupancy capacity of 166 versus 150 or less. • Availability of limited food menu for patrons of the late night hours. Applicant, Mario Marovic, gave a power point presentation and presented letters in support of Malarky's to the Commissioners. The following was discussed: • Exterior and interior improvements to the building. • Security is certified and on -site until 3:00 a.m. • Would like the bathroom to be Americans with Disabilities Act (ADA) compliant. • Fixed dining to attract sophisticated clientele. Comments in support were provided by the following persons William R. (Bill) Hamilton — 3625 5th Avenue, Corona del Mar Vincent Barbato — 4203 Seashore Drive, Newport Beach Caren Lancona -1900 West Oceanfront John Baren Doug Thomas — resident and former Newport Beach Vice and Intelligence employee. Frank Kosi — 2824 Newport Boulevard Frank Fasel — 208 Yz 29th Street Cindy Farney — 1732 Orchard Drive Boyd Mickley — 1732 Orchard Drive Gregory Ozimec — 315 Canal Street 03/03/2011 ITEM NO. 5 PA2010 -172 Approved Page 6 of 9 97 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/03/2011 President Chambers of Commerce Brett Dei Valle —1201 Estelle Lane Gordon Barienbrock — 3000 W. Oceanfront Brian Harrington — 930 W. Balboa Boulevard Brenda Martin — 206 30th Brent Ranek — 246 Lugonia Street Andy Falhetthi — 616 Seaword Road A summary of comments in support were as follows: • Higher quality of dining that would be afforded and attract an upscale crowd. • Great new venue for events if re- modeled. • Malarky's adding great value to the community. • Upscale atmosphere would be an improvement; Police Department should have better response in getting problems addressed appropriately. Greg Tonkovich — Applicant's Noise Consultant, 1021 Didrickson Way, Laguna Beach • Presented his noise study and concluded that outdoor patio would not be an issue nor have an impact on the neighbors. Comments in opposition were provided by the following persons: Joyce Faye Barnes — 122 East Bay Avenue Van Elliot — 3417 Marcus Avenue George Schroeder — 129 35th Drew Wetherholt — Submitted photos of police calls of service, hit and runs. Cynthia Koller — West Newport Joe Reiss — 30th Street Ryan Clemett — 1604 Schaffer Street Mogan Dodgers — 207 30th Street Kathy Reiss — 30th Street A summary of comments in opposition were as follows: • There is an overconcentration of drinking establishments. • There is one alcohol license per every thirty -eight residents in District 15, which has the highest crime rate in the City. • There are fights and other objectionable behavior. • Concerned with people being intoxicated and as a result being a nuisance in surrounding neighborhoods. Applicant responded to photos stating that the incident with the hit and run was not a patron of Malarky's. An additional general discussion ensued. Motion made by Commissioner Hillgren and seconded by Commissioner Hawkins, to adopt a resolution approving Use Permit No. UP2010 -039 and Comprehensive Sign Program with the addition of the following conditions to the resolution: • To limit the late -hour disturbances that the expanded dining area may create through increased occupancy, the occupancy load of the interior of the establishment has been limited to a maximum of 150 persons between the hours of 11:00 p.m. and 2:00 p.m. Page 7 of 9 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/03/2011 • The operation of the establishment shall be reviewed by the Planning Commission one year from the date the certificate of occupancy is issued for the interior expansion to ensure the increased occupancy has not resulted in detrimental impacts. The Deputy Community Development Director may initiate a review earlier than one year if detrimental impacts are identified. • Upon vesting of the rights authorized by this Conditional Use Permit No. UP2010 -039, all previous rights authorized under Use Permit No. 1792 shall terminate. The following conditions of approval shall supersede the conditions of approval included in Use Permit No. 1792 and Use Permit No. 1792 (amended). Motion failed with the following vote: Ayes: McDaniel and Hillgren Noes: Eaton, Unsworth, and Hawkins Excused: Ameri and Toerge Motion made by Commissioner Hawkins and seconded by Commissioner Unsworth, to approve the revised resolution denying the interior expansion and only approving the Conditional Use Permit for the outdoor dining patio and the Comprehensive Sign Program. Motion failed with the following vote: Ayes: Unsworth Noes: Eaton, Hawkins, McDaniel, and Hillgren Excused: Ameri and Toerge A general discussion ensued to cap the occupancy during the late hour operations to be 120 occupants, based on the finding that it was less than one third greater than currently exists, and the reduced number of occupants would be more manageable for the Police Department. Motion made by Commissioner Eaton and seconded by Commissioner Hawkins, to adopt a resolution approving Use Permit No. UP2010 -039 and Comprehensive Sign Program with the addition of the following conditions to the resolution: • The operation of the establishment shall be reviewed by the Planning Commission one year from the date the certificate of occupancy is issued for the interior expansion to ensure the increased occupancy has not resulted in detrimental impacts. The Deputy Community Development Director may initiate a review earlier than one year if detrimental impacts are identified. • The interior occupant load of the establishment shall be limited to a maximum of 120 persons during the late -hour operations between the hours of 11:00 p.m. and 2:00 a.m. • Upon vesting of the rights authorized by this Conditional Use Permit No. UP2010 -039, all previous rights authorized under Use Permit No. 1792 shall terminate. The following conditions of approval shall supersede the conditions of approval included in Use Permit No. 1792 and Use Permit No. 1792 (amended). Motion carried with the following vote: Ayes: Eaton, Unsworth, McDaniel, and Hillgren Noes: Hawkins Excused: Ameri and Toerge Motion made by Commissioner Unsworth and seconded by Commissioner Hawkins, Page 8 of 9 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/03/2011 to proceed with commencing a new item after 11:00 p.m. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, and Hillgren Noes: None Excused: Ameri and Toerge EJECT: General Plan Annual Progress Report — (PA2007 -195) ITEM NO. Discuss General Plan Annual Progress Report and the Housing Element Annual PA2 195 Progress Rep Melinda Whelan, Assis Planner, gave a brief overview of the staff report. The Planning Commission discu the following: • Whether Koll and Conexant prof as placed on d. • Affordability had expired on some uni st units are not added to the RHNA requirement. • Addition of Implementation Pla r the Local Coa Plan to be certified is forthcoming. The report was received iled. ADJOUR NT: 12:06 a.m. MICHAEL TOERGE, SECRETARY ,CaY OF NEWPORT BEACH PLANNING COMMISSION Page 9 of 9 100