Loading...
HomeMy WebLinkAbout01/18/1996COMMISSIONERS *\*\t CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: January &3M DATE: MINUTES ROLL INDEX CALL Commissioner Pomeroy was exwwd, all other Commissioners were present # ## EX- OFFICIO OFFICERS PRESENT: Robin Clawson, Assistant City Attorney # ## Patricia Temple, Planning Manager Rich Edmonston, Traffic Engineer Ginger Vann, Exewtive Secretary # ## Mmutes of January 4,1996: Minutes • 1/4/96 motion * Motion was made and voted on to approve as amended, the January 4, Ayes * * * * * * 1996, Planning Commission Mawtes. MOTION CARRIED - 6 Ayes, 1 Absent Absent Public Comments: None Public Comment None Posting ofthe Ago& Agenda Posting Ms. Temple stated that the Planning Commission Agenda was posted on Friday, January 12, 1996, in front of City Hall. fiRt of IS COMMISSIONERS 4 \9 <� <`l� \ \\ MINUTES CITY OF NEWPORT BEACH anuary 18, 1996 ROLL TF-- INDEX CALL SUBJECT: California Restaurant, Ent. Item 1 1614 San Miguel Use Permit No. 3544 (Continued from UP No. 3544 January 4, 1996 Continued t Establishment of a take -out restaurant (as opposed to the existing 2/22/96 specialty food establishment) with incidental seating and on -sale beer and wine. Motion was made to continue this item to the Planning Commission Meeting on February 22, 1996 at the request of the applicant. * ** SUBJECT: The Regatta Cafe (Fereydoon Kazempoor, Item 2 applicant) 3421 Via Lido Use Permit No. 1799 (Amended) UP No. 1799 Change the operational characteristics of an existing full service Removed restaurant with on -sale alcoholic beverage service to add live entertainment. Staff indicated that the application was signed by the applicant indicating he was acting as the representative of the property owner. It was discovered that the property owner was not in concurrence with the application and therefore the application can not proceed and it is requested that Item 2 be removed from the calendar. -2 COMMISSIONERS Mo A Ir L MINUTES CITY OF NEWPORT BEACH January 18, 1996 ROLL INDEX CALL SUBJECT: Ma' Ma Mia Restaurant (Max Douk, stem 3 applicant) 3408 Via Oporto Use Permit No. 3576 UP No. 3576 Conversion of a take -out restaurant to a full service restaurant, the continued t, introduction of on -sale alcoholic beverages and the addition of an 2/8/96 exclusive outdoor dining area. Staff report indicates a continuance to February 8, 1996. With the concurrence of the Assistant City Attorney, these three items may be acted upon in one motion if the Commission so chooses. tion * Motion was made that Item Nos. 1 and 3 be continued and Item No. 2 * * * * be removed from the calendar. MOTION PASSED - 6 Ayes, 1 Absent * * *t SUBJECT: La Salsa Restaurant (La Salsa Investment, Item 4 Ltd., applicant) 1120 Irvine Avenue Use Permit No. 3171 (Amended) UP No. 3171 Increase the interior seating capacity of the existing take -out restaurant, Approved where conditions of approval currently limit the number of interior seats. Staff reported that this application is an amended use permit for La Salsa Restaurant that is located in the Westcliff Plaza Shopping Center. In this particular case, the use of the facility for a restaurant is already use permitted and that use can re -establish itself. For particular new business, the desire to relocate exterior permitted seating to the interior and to increase the number of employees, this application will require the waiver of an additional 3 parking spaces beyond that which the current use permit allows. Responding to past comments, staff has -3- COMMISSIONERS I I i *\Vimokv \ MINUTES CITY OF NEWPORT BEACI- anuary 18, 1996 ROLL CALL INDEX prepared a chart for the Commission's reference illustrating the cumulative deficiencies compared to zoning code requirements for this shopping center based on waivers of parking for various food service uses within the shopping center and showing, if this application is approved tonight, that an additional three spaces would be added to the code deficit increasing it from 66 to 69. Staff indicated that at least two Commissioners have requested that an on -site capacity analysis is in order for applications of this nature. Staff is willing to work with Commission to establish a standard methodology and practice to provide adequate information on parking supply and demand. Discussion ensued regarding appropriate parking analysis. Public Hearing was opened. . Mr. Larry Nelson, general partner of La Salsa Investment Limited, applicant - stated that this is the second La Salsa Restaurant location in the city and they look forward to being in the community. In response to Commission inquiry, Mr. Nelson stated that they agree to the terms, findings and conditions of Use Permit No. 3171. He stated that they would probably come in at a subsequent point in time for a Use Permit Amendment for beer and wine. Commissioner Adams asked about the seating that is being brought inside, would it still be possible for patrons to utilize outdoor seating. Mr. Nelson answered that he assumes this could be done in the common seating area. . Commissioner Adams stated that the net effect with regard to seating capacity appears to be an increase in inside seating with a pool of seating on the outside. W. Nelson answered the seating they are relocating was approved for exclusive use by this establishment. The outside seating utilization is a function of the weather. COMMISSIONERS L MINUTES CITY OF NEWPORT BEACF anuary 18, 199E ROLL CALL INDEX Chairperson Ridgeway stated that there are code provisions that give people the ability to add outside seating which may give some businesses an unfair advantage. This is a policy issue that the applicant is being caught up in that is unrelated to the application. Commissioner Kranzley asked the applicant his opinion of the parking in the shopping center. Mr. Nelson said he would not go in to a center that was thought to be under parked because it would be problematic. If you are in a center that you hope to be busy in, and people find parking inconvenient, that would probably make the decision not to go into that location. They typically go by during busy times of the day which for their purposes, would be the noon hour and the early evening hours, to see what the traffic conditions are like. If you are looking at a location you want to be in, you typically look in an area that will attract people, but you also have to be able to get them in there. If they had viewed a concern with parking, they would not be making this application. Commissioner Adams asked staff if the outdoor seating in this center is comprised of allocations for individual stores or is it independent of the allocation for independent stores. Staff answered that any seating that is common is available to all and not just to food service uses but also to occasional uses by patrons of the center. Commissioner Adams asked what is to keep the shopping center from installing 20 more tables outside to make up for the tables that La Salsa is pulling inside. Staff answered that if additional seating is designated for common seating and meets all other criteria for keeping pedestrian ways clear and not creating any other traffic or parking problems, it is permitted. Commissioner Adams stated as a result of this, we are approving a potential increase in the number of tables for the shopping center, not -5- COMMISSIONERS 0 `off o MINUTES CITY OF NEWPORT BEACI- anuary 18, 1996 ROLL CALL INDEX just moving tables inside. There is nothing to prevent the shopping center from immediately replacing the tables that would be lost if La Salsa brought them inside. His understanding is the demand for the outdoor tables is pretty high. IW Nelson said that the seating that was previously approved, was assigned seating, not a common area seating. Commissioner Adams expressed concern with the total number of seating that would be available. By placing these tables inside, there would be a net loss of outdoor seating in the center. The shopping center could then replace it with common seating, which would increase the tables in the whole center. Chairperson Ridgeway agreed, but stated that this is not the issue presented tonight. The application is to place inside assigned, allocated seating that is in front of this store. If an application was made by the . Irvine Company, their application would be to increase the common area seating. Commissioner Adams asked if an application would have to be made to increase the number of common area tables outside? Staff answered no, but if there was demand for increased common area seating, it could be increased so long as it met the other circulation requirements of the center. The saturation level could increase with or without the relocation of the seating. The question is with the potential to increase common area seating where there is currently reserved seating, if that is significantly different than the ability of the center to increase common area seating center wide. Commissioner Adams stated he is not opposed to this, but wants to understand what the net result would be if this Use Permit is approved. He does not feel it is as simple as presented in the staff report. Chairperson Ridgeway commented that any shopping center that has a common field of parking has identical issues before the Commission. . -6 COMMISSIONERS '� 9 MINUTES CITY OF NEWPORT BEACH January 18, 1996 ROLL CALL INDEX That is, the owner of the shopping center could put in common seating out front without an application under outdoor dining or just in the common area. Staff answered that shopping centers are allowed to establish outdoor seating for their customers whether there are restaurant uses or not. Commissioner Gifford asked how the outdoor dining ordinance ties into this. Based on the net public area that would be inside La Salsa, how much space could they have outside without a permit for outdoor dining? Staff answered for exclusive use, the percentage is 25% of the net public area. The way the ordinance is structured, the existing outdoor seating would also count in the calculations under the terms of the existing use permit. Commissioner Gifford stated, for example if there was approximately 500 square feet of net public area, they could have 125 square feet outside and as many seats as would fit in there in addition to the 29 seats that might be approved for the inside. Commissioner Adams said that in several of the shopping centers the parking is becoming severely congested at peak hours. One of the common characteristics in these centers is the existence of outdoor dining, particularly for food businesses. His concern is that actions such as the Commission is debating may lead to more centers that have this congestion. For the residents of Newport Beach, it starts to impact their way of life if when they go to shopping centers they are used to patronizing and parking is not available. He expressed concerns regarding parking congestion problems and whether other businesses in the shopping center are being impacted. Chairperson Ridgeway asked if the architect, Mr. Terry Otto, was present. The applicant answered, no. Public Hearing was closed. -7 COMMISSIONERS 4i 0 MINUTES CITY OF NEWPORT BEACH January 18, 1996 ROLL CALL INDEX Commissioner Selich supports the application but thinks that stab's chart points out the cumulative impact with the number of spaces being waived. The waiver represents 20% of the parking within this shopping center. This shopping center seems more crowded in terms of use and parking. He feels the Commission needs this type of chart to evaluate these uses. He would take a hard look at any of these uses coming in relative to the waivers that have already been granted. Commissioner Kranzley supports the application. He concurs with Commissioner Selich's comments. Commissioner Gifford supports the application noting the cumulative number of spaces if this application is approved does not exceed the highest number that has been waived in the past. Chairperson Ridgeway agrees with the comments and supports the • application. In the past, consideration has been given for uses with peak hours different from a market or are complimentary to other uses in the shopping center. These waivers have been appropriate in the past. Commissioner Kranzley agrees with the Chairperson's assessment of the compatibility of these various uses, he is concerned that as those mixes change, they may not be as compatible. Motion Motion was made to approve Use Permit 3171. MOTION CARRIED - Ayes * * * ** * 6 Ayes, 1 Absent. Absent * F 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. -8- COMMISSIONERS CITY OF NEWPORT BEACH January 18, 1996 MINUTES ROLL CALL INDEX 3. That the proposed take -out restaurant use can be adequately served by existing on -site parking, inasmuch as the proposed facility is located in a shopping center with a large pool of parking. 4. That the waiver of development standards as they pertain to a portion of the required off - street parking (26 spaces), will be of no further detriment to adjacent properties because of the existing developed nature of the site and the previous approval for exclusive outdoor seating. 5. That the approval of Use Permit No. 3171 (Amended) will not, under the circumstances of this case, be detrimental to the he" 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 to the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. That the development standard pertaining to a portion of the required parking (26 spaces) shall be waived. 3. That the hours of operation shall be limited between the hours of 10:00 am and 10:00 p.m. Sunday through Thursday, and 10:00 a.m. and 11:00 p.m. Fridays and Saturdays, and that any increase in hours shall be subject to the approval of an amendment to this use permit. 4. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 5. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining properties. COMMISSIONERS CITY OF NEWPORT BEACH January 18, 1996 MINUTES ROLL CALL INDEX 6. That grease interceptors shall be installed on all fixtures in the take- out restaurant where grease may be introduced into the drainage systems in accordance with the Uniform Phunbing Code, unless otherwise approved by the Building Department and the Public Works Department. 7. 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 and the Public Works Department. 8. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 9. That the project shall comply with State Disabled Access requirements. 10. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code and that no temporary "sandwich" signs shall be permitted, either on -site or off-site, to advertise the take -out restaurant facility. 11. That employees shall park their vehicles on -site at all times. 12. That no tables located outside the facility shall be used exclusively by customers of the subject restaurant but shall remain available for use by the general public at all times. 13. That trash generated by the subject facility shall be screened from view from adjoining properties except when placed for pickup by refuse collection agencies. 14. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. . -10- COMMISSIONERS CITY OF NEWPORT BEACH January 18, 1996 MINUTES ROLL CALL TF__ INDEX 15. That alcoholic beverages shall not be permitted unless an amendment to this use permit is approved by the Planning Commission. 16. That no live entertainment or dancing shall be permitted in conjunction with the proposed use unless an amendment to this use permit is approved by the Planning Commission. 17. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Pemrit, upon a determination that the operation which is the subject of this Use Pemvt, causes 'injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 18. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the . Newport Beach Municipal Code. r *s SUBJECT: The Balboa Cinema, (CJW, Inc.) Item 5 Michael Porter and John Wortman, applicants 707 East Balboa Boulevard Use Permit No. 3575 UP No. 3 Establishment of a full service restaurant with on -sale alcoholic Approved beverage service, within portion of an existing non-conforming movie theater. The proposed conversion of a portion of the theater will result in the reduction of the theater seating to 296 seats. Staff commented that this application is a request to convert a portion of an existing theater to include a restaurant. Staff has prepared a supplemental staff report which revises the parking analysis. To reflect the fact that the Central Balboa Specific Plan provides a specific restaurant parking requirement of 1 parking space for every 50 square 575 COMMISSIONERS 0 -11W1V$rx CITY OF NEWPORT BEACH January 18, 1996 MINUTES ROLL CALL INDEX feet, rather than the flexibility contained in the Zoning Code. This information does not substantially alter the analysis, it merely indicates a slightly larger reduction in the non - conformity of the standing structure. A revised Finding No. 2 and a revised Condition No. 21 have been provided to the Commission and to the applicant. The applicant has indicated that they are in concurrence with the wording contained therein. Staff was available for questions. Chairperson Ridgeway asked the size of the building. Staff answered the size of the building is lot line to lot line and affirms it is the entire envelope of the parcel which is 95 by 54 or 5,000± square feet. Public Hearing was opened. Mr. John Wortman, 104 Via Yells - applicant representing his brother . and sister as owners of the Balboa Theater and thanked the Commission for their consideration. They look forward to participating in the revitalization of Central Balboa. Chairperson Ridgeway asked for clarification of the size of the restaurant, whether it occupies space both upstairs and downstairs; and whether the restaurant is unrelated to the theater. Mr. Wortman replied, the restaurant is both up and downstairs and that the two uses are unrelated to the extent that it is not a dinner /theater. A patron would not eat in the restaurant and simultaneously watch a movie. Chairperson Ridgeway asked if it is intended to have the restaurant open every night and also have a movie every night. The answer was affirmative. People will have the option to eat without going to the theater and vice/versa. Mr. Wortman then clarified the location of the kitchen. -12 COMMISSIONERS CITY OF NEWPORT BEACH January 18, 1996 MINUTES ROLL CALL INDEX Commissioner Adams asked about the trash pickup on site and the location of the enclosure. Mr. Wortman answered that it is still being worked out, but assures that it will be handled to staffs satisfaction Commissioner Adams expressed his concern of the zero lot line and the location of the trash. The theater generates a lot of trash which will be increased by adding the restaurant. Staff answered that this issue has been an ongoing discussion between staff and the applicant. Currently the waste is handled through cooperation with related commercial properties to either set cans or use co -op facilities and it is the applicant's intent to continue this. At minimum, they do have the right to set trash cans out in the alley for pickup by City refuse collection. The applicant is attempting to work . out a solution other than the usual residential type of refuse pickup. Commissioner Gifford asked the applicant about the request of hours being to 2:00 a.m. daily, what part of the operation would require these hours? The applicant said that currently there is no restriction on hours of operation The last movie could be later in the evening and run for two hours. This concept will allow for the ability to watch a movie, then have a late dinner or discussion. That is the reason for the proposed hours of operation. The goal is to be able to have an experience whether before or after the movie. They are trying to do something that the community will appreciate and will be reflective of the Balboa Theater Foundation, which he is working with. The Foundation is made up of several residents in the area. The direction and type of shows being shown will be with their recommendations. Commissioner Adams questioned the applicant regarding the loading for the restaurants. As this operation is new, how will it be done? Will produce trucks and the like be parking on Balboa Boulevard and loading from the front? . -13- COMMISSIONERS • F CITY OF NEWPORT BEACH January 18, 1996 MINUTES ROLL CALL INDEX Mr. Wortman said it will be a combination of off - loading from Balboa Boulevard at the loading zone as well as being brought in through the theater. W. Edmonston noted that the loading zone in front of the theater is a passenger loading zone during the hours the theater is opened. If the theater is not opened, anyone can park there. Commissioner Thomson asked the applicant if he intends to serve alcohol and/or food in the theater section of the building? The applicant said alcohol and food will be served in the restaurant. However, part of the specialty of the whole operation is the ability, while having community events, fund raisers, etc., to allow a transition within the building. The applicant is working with the Police Department to work out the conditions of the Wine and Beer License. All these issues will be addressed by the Alcohol Beverage Control Board (ABC) and the Police Department. Commissioner Selich asked about the marquis being restored as shown on the elevation; the doors and windows as to material and color. Mr. Wortman said he has hired craftsmen who have worked on this type of older marquis and plans to restore it to its original design. The door and window designs are being worked on now. He intends to keep it open and the seating will all be refurbished. Commissioner Gifford asked Mr. Wortman if he had an opportunity to look at the staff report. She is looking at Condition 13 stating that this condition may not allow him to do everything he is describing to the Commission. Mr. Wortman answered that dancing is not something they are looking for, but live entertainment as opposed to theater should be distinguished. He is grandfathered in for live theater, but that has to be handled in a separate manner. His goal and hope is that the theater will . -14- COMMISSIONERS CITY OF NEWPORT BEACH January 18, 1996 MINUTES ROLL CALL INDEX have a little bit of everything for the community as far as the types of events that will happen there. There will be a minimum of two days a month for charitable events whether as fund raiser or something for the community that might involve live entertainment. The city will keep control over these by having the theater obtain a special event permit on a case by case basis. Commissioner Gifford wanted to be sure that the applicant is aware of what these conditions mean since the City has undergone changes in the code about theater, live entertainment and bars. She asked for staff comments on the these differences. Staff responded that the intent of the conditions of approval is to provide for the broad and general concepts in this application that allows a movie theater, allows occasional live performances that may be in association with fund raisers or special events and allows a restaurant with the service of alcoholic beverages. The specific condition being discussed relates to a restaurant that would want to have five entertainment on a routine and regular basis. The applicant is correct in that the special events he is characterizing, live entertainment within the entire facility, can be part of the special events permit application. This is how the applicant intends to handle those occasional and different functions. Commissioner Gifford stated that she wanted to understand that the theater part is all right, but the part of this condition that is of concern, is associated with the restaurant facility. If, for example, there was a theatrical production, a preview that as a fund raiser involves the restaurant and the theater being used in an integrated way, that would require a live entertainment permit? Staff indicated that such an event would require a special events permit. Chairperson Ridgeway asked if this facility could be turned into a soft porn place by the way the Commission is approving this application by way of definition of "theater". -15- COMMISSIONERS r \lc\ ai-f y9 °� � CITY OF NEWPORT BEACH January 18, 1996 MINUTES ROLL CALL INDEX Assistant City Attorney Clauson said this property is located within 500 feet of residences and the beach. Within the zoning code, adult entertainment within these areas is not allowed. Mr. Wortman said that any type of adult use is not permitted according to a letter received by the Theater Foundation. He is attempting to have a family type of facility. Assistant City Attorney Clauson, in clarifying the intent of the application, questioned whether the conditions should be clearer if it is the case that alcohol is going to be served in the restaurant and in the theater area. Mr. Wortman answered that in speaking with the Vice Officer and Lt. Gonis and dealing with ABC, all those considerations of the city with their input and conditions will be addressed as the details are worked out. Ms. Clauson said if the Commission wants Planning to enforce conditions related to alcohol, conditions should be part of this use permit as well as what the ABC requires. If the Commission wants to limit the sale of alcohol and the drinking of alcohol to the restaurant except upon attaining a special events permit, this should be done. Right now, the theater does not have the authority to serve alcohol, this would be an expansion of that right. Mr. Wortman stated that this definitely takes away from part of the experience. As an adult over 21 years old comes in and sits down and has a glass of wine or a beer to watch an art movie, or a small operetta or some sort of event, it is all part of this venture that makes it unique and something that will make it very successful Granted the alcohol issue is ancillary to the restaurant and operation of the theater, but it is a part of what they are trying to do. He is requesting that alcohol be allowed to be served in the confines of the building and not limited to the restaurant. -16- COMMISSIONERS • NO X, *ROV!� 1 MINUTES CITY OF NEWPORT BEACH January 18, 1996 ROLL CALL INDEX Commissioner Adams expressed concern with an operator serving alcohol to patrons while looking at a certain type of movie. The crowds could become raucous and if there were beer and wine available to those patrons, it is something the Commission should not permit. Chairperson Ridgeway stated this issue should be addressed by the Commission at a later date. Chairperson Ridgeway stated that Dana Pettit had called him and is in favor of this venture. Mr. Ron Baers, working with Dana Pettit and a few residents to bring the proposed Balboa Theater Foundation to life, stated they have been working with Mr. Wortman and his group, for the last several months to make sure this concept proceeds in a way that will be beneficial to the community. He is pleased with the way things are going and supports this application. The purpose of the Foundation is to operate the Balboa Theater entertainment portion in such a way that the desires of the community of Newport beach are addressed for various types of entertainment. This is being visualized as a multi -venue facility which is unique in itself in the fact that there is a small stage existing that would allow for children's theater, classical theater, amateur theater as well as for special film events. Commissioner Gifford asked if this property as being developed by Mr. Wortman with the restaurant portion being leased, will the Foundation be operating the theater portion of this venture? Mr. Baers said those discussions are going on now and that this group supports the 2:00 a.m. daily hours when questioned by Commissioner Gifford. Mr. Milne McDermott, Vice Sergeant of the Newport Beach Police Dept. - spoke to the Commission, stating this is a good use of the theater and will be quite beneficial to the community. He addressed specifically the concept of serving alcohol in the portion of the theater outside the restaurant without restriction. From the Police -17- COMMISSIONERS 4 Ix io 405xil,�� MINUTES CITY OF NEWPORT BEACH January 18, 1996 ROLL CALL INDEX Department's view this could cause quite a few problems. He requested the Commission to consider putting some type of restriction(s) that alcohol be confined to the restaurant area during normal business hours unless there is a special event and related permit. Commissioner Kranzley asked Mr. McDermott to describe the ABC process and the types of restrictions they could place. Mr. McDermott proceeded to discuss in detail the ABC procedures and restrictions that could be placed. He concluded by saying that a special events permit is issued upon evaluation on a case by case basis. Public Hearing was closed. Commissioner Adams supports this application only if there is a restriction on the use of alcohol to the restaurant area and that the applicant be required as part of the special use permit to allow service and consumption in the theater area of the building. Chairperson Ridgeway asked Assistant City Attorney Clauson about the City Ordinance when serving of alcohol, is it assumed consumption is where it is served. Assistant City Attorney Clauson answered that suggested language be "The service and consumption of alcohol should be limited to the restaurant portion of the theater unless a special event permit is issued." Commissioner Selich suggested a condition on the alcohol consumption to allow the operator to proceed as he desires and put a time limit of a year on that condition and review it to see how it is working. Commissioner Kranzley supports Commissioner Selich's proposal. He shares the vision of the applicant. Commissioner Thomson is concerned also with the alcohol being brought into the theater and served to minors. He also expressed . -18- COMMISSIONERS 4 MINUTES CITY OF NEWPORT BEACHanuary 18, 1996 ROLL CALL INDEX concern with the hours of the food service. He stated that he would support a one year review as suggested. Chairperson Ridgeway answered that the other restaurants in the area have 2:00 a.m. closures. There is one issue about the alcohol being served and consumed. Commissioner Gifford stated she does not distinguish between served and consumed, but rather the issue is the ability to have alcohol within the theater portion. She supports the year review and would like to have reports from the Police Department on a quarterly basis for a year. Chairperson Ridgeway stated that if a representative of the Police Department comes here to report, he asks that it always be agendized first. Staff suggested that this be handled as a transmittal report, agendized but not necessarily requiring the attendance of a police officer. Commissioner Adams supports the idea of alcohol consumption and the enjoyment of the theater experience. However, he will not support this if there is a possibility if after a year, the allowance of alcohol consumption on an ongoing basis in the theater would run with the property. Chairperson Ridgeway asked staff about the determination of a yearly review, can it be made so it does not run beyond the twelve months. Assistant City Attorney Clauson stated it does. If you have a review at the end of twelve months and you don't want to terminate it, then it would run with the land. However, it could also be sex for another annual review period. Chairperson Ridgeway stated that this discussion about review periods may be mute because of what the ABC will do. -19- COMMISSIONERS H� MINUTES CITY OF NEWPORT BEACH January 1 S, 1996 ROLL CALL INDEX Commissioner Selich shares the expressed concerns and says that in conjunction with the review of the zoning code re -write, these issues may be addressed. Commissioner Adams proposed to go with the condition he suggested, and, if it works out based on a test of event by event basis then commit to a year long or two year long basis. Commissioner Gifford clarified that at this time we include a condition that would restrict the portion of the premises that can have alcohol consumed and we are proposing not putting that condition in but looking at it periodically. Then at the end of a year's time, reviewing the decision based on how the operation went. But under Condition 23 that states, "The Planning Commission may add to or modify conditions of approval to this Use Permit ....... they would always have the latitude in the future to add it if it was needed. She shares Commissioner Adams concerns, but a decision is being made not to add it at this time and to . watch it very carefully for a year. At that time this Use Permit can be reviewed. Staff stated this is a legal, non - conforming theater, its operation .has historically been without the sale of alcoholic beverages. The Use Permit being introduced is for a restaurant within a portion of the building. It does not deal with the theater. The conditions as proposed apply to the operation of the restaurant. Any future amendment will only be applicable to the restaurant. The only controls over the theater use for problems are public nuisance abatement. It can be brought back and a condition applied that alcohol has to stay on the premises of the restaurant, but the City can't condition the theater use because it is legal and non - conforming and is not before the Commission. Chairperson Ridgeway asked how the Commission would allow the applicant to serve alcohol in the 5,000 square foot building and review it in one year. Discussion followed regarding restricting, conditioning alcohol servicelconsumption within the building, theater and/or restaurant. -20 COMMISSIONERS 9 MINUTES CITY OF NEWPORT BEACH January 18, 1996 ROLL CALL INDEX Commissioner Kranzley summed up all concerns by suggesting that there be a quarterly review by the Police Department and a one year review of the operation of this use without mentioning alcohol in the theater. This should be sufficient protection for the City and the applicant and give him a chance to make this operation work. Commissioner Adams asked if they wanted to serve alcohol in the theater, if it continues to be a separate use, would it have to come the Commission for a use permit. Assistant City Attorney Clauson stated that there is not a requirement for a use permit for a theater. Staff stated that the distinction is that there are uses that are permitted within the City that could potentially serve alcohol. They are required • to get the appropriate licenses through ABC and in that process, based on new laws, the Police Department provides conditions or conditionally protests the, issuance of the licenses. If a theater decided to have beer, that introduction would be subject to ABC control and through that the Police Department would be involved. Motion * Motion was made for approval for Use Permit No. 3575 with the findings and conditions shown for approval including the revisions requested by staff and adding to Condition No. 23 that in the initial year, the Planning Commission will review the operation on a quarterly basis as a discussion item and this Use Permit will be agendized in one year Ayes * * * for review by the Planning Commission. MOTION PASSED - 6 Ayes, Absent * I Absent This motion does not address the service of alcohol in the theater under this condition. If the applicant wants to serve or allow the consumption of alcohol in the theater, that will be done under a separate permit that the applicant will need from the ABC. In this particular case, a condition that could be placed is to make it clear that this restaurant is serving alcohol and they are allowing their alcohol to go outside the boundary of the restaurant into the theater.. What will be reviewed is to -21- COMMISSIONERS MINUTES •�0��9°��F CITY OF NEWPORT BEACH January 18, 1996 ROLL CALL INDEX impose a condition to prohibit taking alcohol off the premises, i.e., into the theater as well as the review of the overall operation. FINDINGS: 1. That the proposed development is consistent with the General Plan, the Central Balboa Specific Plan Area and is compatible with surrounding land uses. 2. The approval does not create or increase a deficiency in code required off-street parking, in that the approval will reduce the overall demand for r parking for the existing non - conforming theater. 3. That the proposed development will not have any significant environmental impact. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. S. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 6. That the waiver of development standards as they pertain to setbacks and landscaping will not be detrimental to surrounding properties. 7. The approval of Use Permit No. 3575 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. -22- COMMISSIONERS 4\h\001k olmoiw\ MINUTES CITY OF NEWPORT BEACH January 18, 1996 ROLL CALL INDEX CONDITIONS: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That the development standards pertaining to setbacks and landscaping shall be waived. 3. That a Lot Line Adjustment application combining the two parcels into a single parcel or building site, shall be submitted, recorded and all conditions of approval shall be fulfilled, prior to issuance of any Building Permits. 4. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 5. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 6. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Departmerit. 7. That the proposed restaurant facility shall con form to the requirements of the Uniform Building Code. 8. That the project shall comply with State Disabled Access requirements. 9. That all improvements be constructed as required by Ordinance and the Public Works Department. 10. That the structure shall be sprinklered throughout, in accordance with the recommendations of the Newport Beach Fire Department, unless otherwise approved by the Fire Department -23- COMMISSIONERS K\VKk,0,\ MINUTES CITY OF NEWPORT BEACI anuary 18, 1996 ROLL CALL INDEX 11. That displaced sections of sidewalk be reconstructed along East Balboa Boulevard frontage under an encroachment permit issued by the Public Works Department. That this work be completed prior to issuance of the Certificate of Occupancy for the proposed development. 12. That live entertainment and theatrical performances shall be confined to the main theater and stage area of the facility. 13. That the introduction of dancing and/or live entertaimneM associated with the restaurant facility shall be prohibited, unless approval is first obtained in accordance with the provisions of the Newport Beach Municipal Code. 14. That a valet operations plan shall be prohibited, unless approval is first obtained in accordance with the provisions of the Newport Beach Municipal Code. 15. That all employees shall park in the Municipal Parking Lots, and discouraged from using the on- street parking. 16. That the hours of operation of the restaurant and theater shall be limited to between 6:00 am. and 2:00 am., daily. 17. That all trash areas shall be screened from adjoining properties and streets. 18. That the project shall be deed to eliminate light and glare spillage on adjacent properties and public streets. 19. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 20. 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 and the Public Works Department. . -24- COMMISSIONERS MINUTES CITY OF NEWPORT BEACIanuary 18, 1996 ROLL CALL INDEX F21. The approval is only for the establishment of a restaurant, as defined by Title 20 to be operated on the premises of and in conjunction with a legal, non - conforming theater. 22. That Coastal Commission approval shall be obtained prior to issuance of any building permits or implementation of this use permit. 23. This Use Permit shall be subject to review of the Planning Commission within one (1) year from approval. Staff shall submit quarterly reports to the Planning Comaussion for the first year of operation of the restaurant. The Planning Commission may add to or modify conditions of approval to this 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. 24. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. srs SUBJECT: Dennis Holland item 6 2200 Holiday Road Modification No. 4398 M No. 4398 Review of Modifications Committee action, requesting the construction Approved of a carriage house to: • encroach 5 feet into the required 10 foot interior side yard setback, and • encroach 5 feet into the 10 foot rear yard setback, and -25- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH January 18, 1996 ROLL CALL INDEX • encroach 5 feet into the required 15 foot side yard setback along Holiday Road. Staff noted that this is a modification permit which has been called up for review and public hearing by the Planning Commission after the initial action of the Modifications Committee. It was noted that an additional communication was received from Ernest and Liselotte Ohlig opposing the application. Within that communication there are some mis- understandings in the sense that on single family lots separate, free- standing ancillary structures are allowed as a permitted use. The presence of a second building is permitted by the Code. If this particular building is ever used for a business that is not permitted in a residential district in the manner that is characterized in the letter it will be subject to Code Enforcement. The issue at hand is the encroachment of the proposed structure into the side and rear yard setbacks as shown on the site plan. The particular structure is within the height Emit and within the limitations of the lot coverage as set forth in the zoning code and the number of garages is not addressed and is facilitated by the zoning code as it allows for more than a two or three car garage. The architectural style of the building is not currently within the purview of the Planning Commission although the applicant has provided photographic evidence as submitted into the record indicating the particular style is not inconsistent with other garage structures within the neighborhood. Staff was available for questions. Public Hearing was opened. Mr. Dennis Holland, 2200 Holiday Road, applicant - in response to Commission inquiry, stated that he agrees to the terms, findings and conditions of approval in Exhibit A for Modification No. 4398. Chairperson Ridgeway asked about the length of time Mr. Holland is planning on to build the garage. Mr. Holland stated that he is currently disassembling the building. It is important to get the lumber out of the weather because it has to be covered as quickly as possible to prevent warping. He then proceeded . -26 COMMISSIONERS 4 ONO MINUTES CITY OF NEWPORT BEACH) anuary 18, 1996 ROLL CALL INDEX to inform the Commission of his time schedule for the building; color scheme, etc. Mr. Holland stated that he has received copies of correspondence that has been sent to the Planning Department. Mr. Stuart Williams, 1748 Bayport Way - spoke in opposition to this modification. He stated that he is proud of his neighborhood and he cited these concerns of this modification: • "separate cattle barn", not a carriage house • encroachment into setback areas • the "looks" of the street will be compromised • potential fire hazard • narrow space between buildings • storage and restoration of old cars taking place in a residential neighborhood Mr. Charles Larson, 2312 Holiday Road - spoke in opposition to this item citing similar reasons. He cited potential fire hazards with the storing of diesel and cleaning fluids that would be used in the restoration of cars in a "nine car" garage. He continued by voicing his opinion that the building could not be brought up to code. Chairperson Ridgeway asked staff if the Fire Department had reviewed the site plan and application. He was answered not at this time, but any structure will have to meet all applicable building, mechanical, fire and safety codes. Public Hearing was closed. Commissioner Selich summed up the issue before the Commission as being the encroachment into the sideyard setback. The structure and use is permitted, all the concerns over the operational characteristics are covered by other sections of the city ordinances and codes in terms of enforcement. There has been nothing presented tonight that would indicate an overturn of the Modifications Committee action. . -27 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH January 18, 1996 ROLL CALL INDEX Motion Motion was made to approve Modification No. 4398. MOTION Ayes * * * * CARRIED - All Ayes, 1 Absent Absent 1. That the proposed accessory structure will not be detrimental to the surrounding area or increase any detrimental effect of the existing use. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures) and Class 5 (Minor Alterations in Land Use Limitations). 3. That the proposed construction will not affect the flow of air or light • to adjoining residential properties. 4. That the immediately adjoining property owners have no objections to the proposed construction. 5. The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the fotlowmg findings: Conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevations 2. That this Modification shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. • -28- COMMISSIONERS 4 \1 MMOR01v\ MINUTES CITY OF NEWPORT BEACHJ anuary 18, 1996 ROLL INDEX CALL SUBJECT: 1996 Planning Commission Schedule Item 7 Discussion ensued involving changing the date of the July Planning Discussi� Commission meeting. Several dates were discussed with the potential for Item oni asking another group to change their meeting night. Chairperson Ridgeway concluded by asking staff to address the PB and R Commission to meet on the ninth to allow the Planning Commission to meet July 2nd or to ask them to meet in the conference room and have simultaneous meetings. A Planning Commission Meeting on July 3rd has been discounted. r *• ADDITIONAL BUSINESS: Addition, Business a.) City Council Follow -up - A verbal report by the Assistant City . Manager regarding City Council actions related to planning - none. b.) Verbal report by the Planning Manager regarding Outdoor Dining Permits, Specialty Food Permits, Modification Permits and Temporary Use Permit approvals — A written report was presented as Additional Business No. b. This regards a temporary installation of a relocatabletmobile home on property located at 509 31 st Street. c.) Verbal report from Planning Commission's representative to the Economic Development Committee - Commissioner Selich reported that the EDC is going to be requesting a joint meeting with the Planning Commission to discuss goals. More details will be forthcoming. d.) Verbal report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee - none e.) Matters that a Planning Commissioner would like staff to report on at a subsequent meeting - Commissioner Thomson has asked for a clarification of Code Enforcement concerning sales of residences regarding smoke detectors, etc. and what is perceived as a . -29- :)n 31 COMMISSIONERS 41 owffi MINUTES CITY OF NEWPORT BEACH January 18, 1996 ROLL CALL INDEX relaxation of enforcement. (Report of Residential Building Records). In addition, Chairperson Ridgeway requested that the Commission be updated on the Zoning Code review. £) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none. g.) Requests for excused absences - none h.) Discussion of staff report format - none ADJOURNMENT: 9:50 p.m. Adjourn MICHAEL KRANZLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION .-30- nent