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Home My WebLink About3333 COAST HWY WCOMMISSIONERS oAM' CEO pOV- - _--- - ROLL CALL Motion Ayes Absent April 9, 1992 MINUTES CITY OF NEWPORT BEACH General Plan Amendment No..91-1(B) (Public Hearin¢) Request to consider the adoption of a Growth Management Element to the Newport Beach General Plan in compliance with the Revised Traffic Improvement and Growth Management Ordinance approved by the voters in Measure M; and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach The public hearing was opened in connection with this item. There being no one to appear before the Planning Commission, the public hearing was closed at this time. Motion was made and voted on to adopt Resolution No. 1285 and recommend the adoption of General Plan Amendment No. 91-1(B) to the City Council. MOTION CARRIED. ssa A Use Permit No 3442 (Public Hearine) Request to permit a change in operational characteristics of the existing Barbacoa Restaurant with on -sale alcoholic beverages and valet parking, so as to permit the addition of live entertainment and dancing from 9:00 p.m to 1:00 a.m. daily. Barbacoa Restaurant, Newport Beach "TV ;quest to amend a previous Planning Commission Review which viewed the off-street parking proposed in conjunction with the tablishment of the Harbor Club yacht club on property located the "Recreational and Marine Commercial" area of the Mariner's He Specific Plan. The proposed amendment involves a request delete the yacht club's use of the third floor Event Room which to be converted back to office use, and reduce the number of ;httime parking spaces which are available to the yacht club 0 INDEX Item No.3 GPA 91-1B (Res.1285) Approved Item No.4 UP3442 PCR #10(A) Approved April 9, 1992 MINUTES COMMISSIONERS CITY OF NEWPORT BEACH ROLL CALL INDEX LOCATION: A portion of 'Lot 170, Block 2, Irvine's Subdivision, located at 3333 West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP-5 APPLICANT: Haseko Inc., Los Angeles OWNER: Same as applicant James Hewicker, Planning Director, stated that Condition No. 13, Use Permit No. 3442, Exhibit "A", requires Coastal Commission approval prior to obtaining a Cafe Dance Permit. The public hearing was opened in connection with this item, and Mr. Bill Ficker, appeared before the Planning Commission on behalf of the applicant, and he concurred with the findings and conditions in Exhibit "A". Mr. Ficker expressed disappointment that the application for a 12 foot by 16 foot dance floor would not be addressed by the Coastal Commission until June, 1992. There being no others desiring to appear and be heard, the public hearing was closed at this time. * Motion was made and voted on to approve Use Permit No. 3442 Motion Ayes * * * * * * and Planning Commission Review No. 10 (Amended), subject to Absent * the findings and conditions in Exhibit "A". MOTION CARRIED. A Use Permit No. 3442 FindinLys 1. The proposed changes in the operational characteristics of the restaurant is consistent with the Land Use Element of the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. -10- COMMISSIONERS Apri19, 1992 MINUTES CALL CITY OF NEWPORT BEACH INDEX 3. That the proposed addition of dancing and related live entertainment can be adequately served by existing on -site parking. 4. That the approval of Use Permit No. 3442 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 1. That the proposed development shall be in substantial conformance with the approved plot plan and floor plan. 2. That the sound from the live entertainment shall be confined to the interior of the structure; and further that all windows and doors within the restaurant shall be closed when said activity is conducted on the site. The maximum permitted seating within the restaurant shall remain at 192 seats. That the hours of operation of the restaurant use shall be limited to the hours between 11:30 a.m. and 2:00 a.m. daily. That the dancing and related live entertainment shall be limited to the hours between 9:00 p.m. and 1:00 am. daily. That the off-street parking requirement for the restaurant shall remain at the existing formula of one parking space for each three seats with a maximum of 192 seats before 9:00 p.m. daily. After 9:00 p.m. daily, the parking requirement for the restaurant shall be one parking space for each 40 square feet of "net public area,' (87 spaces). That the service of alcoholic beverages shall be ancillary to I the primary food service operation of the restaurant. That no outdoor loudspeakers or paging system shall be permitted in conjunction with the proposed operation. -il- COMMISSIONERS April 9, 1992 MINUTES ROLL CALL CITY OF NEWPORT BEACH 9. That a Cafe Dance Permit for the proposed dancing shall'be approved by the City in accordance with Section 5.32.030 of the Municipal Code. 10. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 11. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 12. That all restaurant employees shall park their vehicles on -site. 13. That the applicant shall obtain Coastal Commission approval of this application prior to the approval of a Cafe Dance Permit 14. That the development standards regarding building setbacks, a •portion of the parking requirement before 9:00 p.m., a portion of the landscaping and walls surrounding the restaurant site shall be waived. 15. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 16. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. -12- INDEX COMMISSIONERS Apri19, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL � Pl, Finding: 1. Tl co th M us Conditi 1. T as 1S 2. T R el st 3. T P. cl p' tl d Y� inningCommission Re�+Pu+ No 10 (Amendedl iat the existing and proposed yacht club operation is nsistent with the Land Use Element of the General Plan, e Local Coastal Program Land Use Plan, the Mariner's ile Specific Plan, and is compatible with surrounding land es. M iat all previous applicable conditions of approval of ariance No.1148 and Planning Commission Review No.10 approved by the Planning Commission on August 24, 189 shall be maintained. bat the February 8,1990 approval of Planning Commission eview No. 10 (Amended) shall be null and void (i.e. the imination of the third floor event room and related orage area from the yacht club use). hat this approval shall be subject to further review by the fanning Commission prior to the reopening of the yacht ub so as to determine the adequacy of available on -site arking. Should the Planning Commission determine that ie on -site parking is inadequate to meet the parking emand for the various uses on the site, the operation of the icht club shall be correspondingly reduced. -13- INDEX PLANNING DEPARTMENT CITY OF NEWPORT BEACH DATE: December 3, 1991 TO: Bill Ward, Senior Planner FROM: Jim Sinasek, Code Enforcement Supervisor SUBJECT: Barbacoa Restaurant, 3333 W. Coast Highway (Live entertainment and Dancing) Please be advised that on December 3, 1991 we had a very amicable conversation with Mr. David Wilhelm, President of West Coast Restaurant Ventures, Inc. He indicated a desire to pursue the approval through use permits, of live entertainment and possibly dancing, and it was our suggestion that he and/or Bill Ficker personally speak with you relative to this endeavor. Mr. Wilhelm indicated that he would discontinue any further live entertainment in the meantime, and that he would speak with you in the near future, possibly as soon as Wednesday, December 4, 1991. Thank you for your attention to this matter. ag Enforcement Supervisor xc: Current Planning Manager - MEMO - PLANNING DEPARTMENT CITY OF NEWPORT BEACH DATE: November 25, 1991 TO: File FROM: Jim Sinasek, Code Enforcement Supervisor SUBJECT: Barbacoa Restaurant, 3333 W. Coast Highway, Newport Beach, CA During the evening hours of November 23, 1991 the undersigned observed the operation of live entertainment consisting of a synthesizer, double key board, two large speakers, guitar, and the operator wearing a headset, and singing along with his music. Additionally, during this entertainment, during the first song there were two couples dancing, during the second song there were three couples dancing, and during the third song there were again three couples dancing. This activity took place during the hours of approximately 9:45 p.m. to 10:15 p.m. a Enforcement Supervisor -►° CITY OF NEWPORT BEACH EO. BOX 1768, NEWPORT BEACH, CA 92659-1768 PLANNING DEPARTMENT (714) 644-3215 November 26, 1991 West Coast Restaurant Venture, Inc., dba Barbacoa 18201 Von Karman, Suite 150 Irvine, CA 92715 Attention: Mr. David Wilhelm, President SS?-/16W9 Subject: Live Entertainment and Dancing (Use Permit Required) Subject Property: 3333 W. Coast Highway, Newport Beach, California Dear Mr. Wilhelm: On November 18,1991 this office addressed a letter to you requesting that you immediately cease any further live entertainment, at least until such time that you have obtained approval through the use permit process for this change in your operational characteristics. It has now come to our attention, that not only have you failed to eliminate the existing live entertainment, but your premises is also being utilized for dancing purposes, which further exacerbates the problem of your business operating without a current use permit for this live entertainment and dancing. Newport Beach Municipal Code Section 20.72.010 (E) which Section defines a "change in operational characteristics," which has triggered the requirement for a use permit. Therefore, since your live entertainment continues, and since dancing has also been added, this matter without any additional delay, is being referred to the office of the City Attorney for appropriate action. We regret having to resort to this action, however, since you have chosen to ignore our previous request, you leave us little alternative. 3300 Newport Boulevard, Newport Beach 18201 Von Karman, Suite 150 November 25, 1991 Page 2 To discuss this letter, you should contact Jim Sinasek between 7:30 and 8:30 a.m. or 4:00 and 4:30 p.m. at the above phone number. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By-/ Sinas Code Enforcement Supervisor JSxtt xc: Planning Director Current Planning Manager Senior Planners Revenue Manager Environmental Coordinator, Newport Beach Police Department n A CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 PLANNING DEPARTMENT - (714) 644-3215 November 18, 1991 West Coast Restaurant 18201 Von Karman, Su Irvine, CA 92715 Ventures, Inc., dba Barbacoa xe 150 Attention: Mr. David Wilhelm, President Subject: Live Entertainment (Use Permit Required) Gentlemen: It has come to the attention of this department that during the evening hours on weekends you are providing live entertainment, specifically a single, male entertainer who utilizes a double keyboard, synthesizers, and large speakers, which are closely located to the exterior windows on the bayside, near the bar, of your business operation. The previous businesses that have existed at your above location have never utilized this facility for live. entertainment. Newport Beach Municipal Code Section 20.83.040 provides that a nonconforming use may be increased or intensified by way of a change in the operational characteristics, provided that a use permit is first obtained, and the use is permitted subject to the approval of a use permit. A nonconforming use may not be increased or intensified unless it is permitted by right or upon the approval of a use permit in the district in which it is located. This addition of live entertainment that you are now providing would, therefore, require a use permit approved by the Planning Commission for your continued operation. Accordingly, you are hereby advised to- immediately cease any further live entertainment, at least until you have obtained a use permit for this change in your operational characteristics. In the event you choose to ignore our requests, the City will utilize all means available at our disposal to eliminate this violation. Please, carefully consider the significance of this letter. 3300 Newport Boulevard, Newport Beach 18201 Von Karman November 18, 1991 Page 2 We look forward to your anticipated cooperation in helping us to resolve this matter and if you should choose to submit an application for a use permit so as to permit live entertainment, you may wish to arrange an appointment to speak with Senior Planners, Bill Ward or Jay Garcia, at 644-3200 in conjunction with this application. PLANNING DEPARTMENT JAMES D. BEWICKER, Director xc: Planning Director Current Planning Manager Senior Planners Revenue Manager Environmental Coordinator, Newport Beach Police Department -MEMO - PLANNING DEPARTMENT CITY OF NEWPORT BEACH DATE: November 18, 1991 TO. File FROM: Jim Sinasek, Code Enforcement Supervisor SUBJECT: Barbacoa Restaurant, 3333 W. Coast Highway, Newport Beach, CA During the evening hours commencing at approximately 10:00 p.m. on Saturday, November 16, 1991 a single entertainer was observed singing and operating a double keyboard with synthesizers and large speakers at the above noted location, without the benefit of a Use Permit. This investigation was conducted as a result of receiving a copy of a letter addressed to Mr. Johnson, Manager of the Barbacoa Restaurant. After observing the live entertainer, the undersigned went to the exterior of the property on the water side and was able to hear the base sounds from the live entertainment emanating to the exterior of the property. ELAINE BRAHLEI. Cade Information Office WEST COAST RESTAURANTVENTURES, INC. 18201 VON KARMAN, SUITE 150 • IRVINE, CA 92715 714-553-1122 FAX 714-553-9214 Lurid Whitney The Towers Owners Association 3121 West Coast HIghway Newport Beach, Ca. 92663 Dear Lorin, Planning Division. 644-3215 In office 7:30 to 8:30 Am 4pm to 4:30 November 1 1, 1991 Your letter to the management of Barbacoa was forwarded to me this weekend. I was displeased to hear that the music level at the restaurant has been a nuisance. I have instructed Jonathan Kent, who is my General Manager at Barbacoa, to immediately reduce the noise level whenever there are musicians performing. 1 will be monitoring the situation closely to ensure that my instructions are being followed. Please do not hesitate to contact me directly at my office if there continue to be any further disturbances. Please accept my apologies for any inconvenience this has caused you and youAieighbors. S lijelJ� D vi Wilhelm President West Coast Restaurant Ventures, Inc. 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