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HomeMy WebLinkAbout05/09/1996COMMISSIONERS CITY OF NEWPORT BEACH MINUTES T� 9� A�� • ohs0 409, 01 j- REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: , ROLL INDEX CALL * * * * * * All Commissioners were present EX- OFFICIO OFFICERS PRESENT: Sharon Z. Wood, Assistant City Manager, Community and Economic Development Robin Clauson, Assistant City Attorney Patricia L. Temple, Planning Manager Rich Edmonston, Traffic Engineer Ginger Varin, Planning Commission Executive Secretary Minutes of April 18, 1996: Minutes of 4/18/96 Motion * Motion was made and voted on to approve, as amended, the April 18, 11 Ayes * * * * 1996, Planning Commission Minutes. MOTION CARRIED - 7 Ayes Approved Public Comments: None Public Coimnents ar* Posting of the Agenda: Posting of the Agenda Ms. Temple stated that the Planning Commission Agenda was posted on Friday, May 3, 1996, outside of City Hall. • COMMISSIONERS No Al ok� 9N L ii 1 CITY OF NEWPORT BEACH MINUTES May 9, 1996 ROLL CALL I INDEX Chairman Ridgeway took 15 seconds of silence in honor of Harry Merrill, who served on the Commission for eight years and who passed away last week. SUBJECT The Allred Residence (Robert G. Jenkins, i item No. 1 applicant) • ModiiicationNo. 4433 r rood No. 44 Ms. Temple stated that the applicant for Item 1, Mod. No. 4433 has requested a continuance to May 23, 1996. C Continued to 5/23/96 Chairman Ridgeway stated, for the record, that he had met today with people opposed to this project. He contacted them to let them know this matter would be continued. 33 COMMISSIONERS r r f� .O CITY OF NEWPORT BEACH MINUTES May 9, 1996 ROLL CALL INDEX Ms. Temple reported that this application for a temporary use is brought before the Commission at her request. The Newport Beach Municipal Code authorizes the Planning Director to issue temporary uses not to exceed 90 days subject to the concurrence of the Planning Commission. For this particular application, the request is somewhat different and unusual for Newport Beach, and a more intense proposal than those which are normally considered under the 90 day temporary use provisions. This application is to allow a catering truck to be established on the site of the existing Savannah Hut retail use in the location, where the strawberry stand is today, under a 90 day permit. The intention of the applicant is to establish a food service business in Newport Beach with the hope of eventually finding a permanent location in town. Staff's concern is that the placement of a mobile catering unit on a permanent basis on a parking lot in Newport Beach has never before been approved by the Planning Director, or this Commission, before. Staff is requesting direction as to whether this ' type of use is that which would be considered appropriate under the 90 day temporary use provisions. Subsequent to the writing of the staff report, staff became aware that there may be other code violations on the property. Those are the placement of a motor home coach within 1 parking space on the subject site and, additionally, that a storage area has been enclosed with a permanent fencing arrangement which would normally require a building permit and that permit has not yet been received. While these are code enforcement issues and staff will commence code enforcement actions on these, they are not pertinent to this request. This item is to discuss whether this particular vehicle and arrangement is appropriate in the subject location. As a result of an on- site inspection, however, staff is suggesting two additional conditions should the Commission authorize the Planning Director to approve this temporary use permit. They are contained in the supplemental staff report, and state that the rental of any on -site surplus parking spaces to the public shall cease for the duration of the operation of the proposed catering truck and that the location of the catering truck shall be subject to the review and approval of the City Traffic Engineer for pedestrian and vehicular circulation purposes. Ms. Temple concluded saying that the applicant may wish to make additional comments. ' 3 COMMISSIONERS F CITY OF NEWPORT BEACH MINUTES May 9, 1996 ROLL CALL INDEX Commissioner Kranzley asked staff if the property owner is a party to the application for this temporary permit. Ms. Temple answered that there is no formal application for these temporary permits, it is done via letter. Staff spoke with the lessor of the property, Savannah Hut's owner, and they are in the process of talking to the property owner. However, that permit will not be issued unless the property owner concurred with the request. Commissioner Adams asked about the options for revocation of this permit within 90 days. There are conditions of approval listed but no findings in the staff report. If there were unanticipated problems with granting this permit such as any of the general type problems; disruption of welfare, etc., without the findings, can the permit be revoked? Ms. Temple stated that a temporary permit would be revoked for non- compliance of any condition of approval. It would not be inappropriate for the Planning Commission to add our standard revocation condition. Commissioner Selich asked staff what provisions are in the code for extension beyond 90 days. Staff answered that the Planning Director would be authorized for one 90 day extension and beyond that it must be approved by the Planning Commission. CommissionerAdams expressed concerns regarding waste and drainage. Commissioner Pomeroy stated that one of the issues that concerns him is it is stated that this is a temporary use while the applicant finds out how this is going to be accepted. It also happens to be the location where the businesses traditionally are very highly seasonal. In many cases, businesses in Newport Beach will do 50% of their business during this three month period of time. If most businesses can be open during the summer and then not have any overhead, drive it away, during the rest of 1 4 r- L_ i COMMISSIONERS p 9 Ap�i � � p�� F CITY OF NEWPORT BEACH MINUTES May 9, 1996 ROLL CALL INDEX the year they would be very happy. He is concerned that this might set some sort of a trend where there are temporary businesses set up during the summer and then they go away. Public Hearing was opened. Mr. Rick Peterson, 101 North Bayside Drive, applicant spoke in behalf of his business. He said that the reason for the mobile unit is that he intends on using mobile units as catering units along with a restaurant location in the future. This particular product and presentation of a healthy fast food has a strong success record where he is from. If he can establish himself during the summer with local trade, and develop the business, when he opens a local restaurant he will have time during the summer to establish a local clientele. Commissioner Adams asked Mr. Peterson if he intends to keep the truck ' in that location 24 hours a day, and how drainage residue and general clean-up will be handled. Mr. Peterson indicated the truck will be moved to the location at 10 in the morning and will be moved out at 6 in the evening. In accordance to the Health Department regulations, he will be using a private commissary to load fresh water, ice, clean and prepare the truck and in the evening take the truck to that same location and clean up. The truck has facilities, including water tanks, for site clean up and gray water storage. Commissioner Adams asked where the trash bags would be stored when full. Mr. Peterson responded that a solution will be needed for this issue. Commissioner Gifford asked Mr. Peterson to review the description of his proposed long -view plans. Mr. Peterson answered that, in concept, he would like to have one or two trucks that specifically would be used to cater private parties or, doing ' 5 COMMISSIONERS • o�s°2��� <9oi��T- CITY OF NEWPORT BEACH MINUTES May 9, 1996 ROLL CALL I INDEX events such as festivals in the city and county. His primary focus is to open a restaurant within the next twelve months and then tie the truck operation to the restaurant. Commissioner Gifford asked if the truck would be used for just general driving around the city, stopping at random locations. Mr. Peterson stated that it would be possible, but that is not his intention. He is not interested in getting into a catering route. Commissioner Gifford furthered questioned him by asking if the permanent facility would serve the same function as the private commissary he will be using with respect to preparing foods. Mr. Peterson answered that the Health Department states that the commissary needs to be available primarily for cleaning purposes; for gray water disposal. The commissary is also a place where the truck can be plugged in at night to keep the refrigeration going without running a generator, etc. The commissary will be used on a continual basis with the truck but as far as the production, he intends to use the restaurant facility as a production kitchen but not to clean the truck nor dispose the gray water. Commissioner Selich asked, if this application is approved and the operation is successful, would the applicant seek an extension of the temporary permit. Mr. Peterson stated that he would like to be in operation for six months with the truck in order to get established and create a cash flow that will enable him to open a restaurant. His target time would be between six months to a year to actually get the restaurant open. In response to additional questions from Commissioner Selich, Mr. Peterson also stated that the Health Department requires his business address to be the commissary address. COMMISSIONERS 4 9�A�i �F F O2 X01 rw CITY OF NEWPORT BEACH MINUTES May 9, 1996 ROLL CALL INDEX In response to questions by Chairman Ridgeway, discussion ensued regarding the truck as to the age, exterior, capacities, etc. Commissioner Thomson asked questions about whether this is a franchise operation and discussed options for locating the business. Mr. Peterson described his product, `Bento" as a japanese word that means box lunch. It is a generic term, and based on his past personal history with this type of cuisine, it is a fun, different kind of way to eat. It is not associated with a franchise or organization. In response to a question by Commissioner Kranzley staff indicated their understanding that revenues would accrue to Santa Ana if that was the business address. Commissioner Gifford stated she has listened to Mr. Peterson's fpresentation and understands the financial investment. She expressed concern that temporary permits are usually issued to accommodate some unusual circumstances. Chairman Ridgeway questioned if the Commission is within its jurisdiction on this matter, asking whether the municipal code contained any provisions regarding mobile sales. Ms. Clauson related that Chapter 10 prohibits the use of streets and sidewalks in the city for commercial purposes. The catering truck can not drive around and stop on city streets and sell from the hock. But like any other catering truck, they can use the city streets to get to a private property and do catering work or sell from private property. Staying on property from 10 to 6 may be something that may be a longer term use than a catering truck driving on the property and staying there for fifteen minutes and leaving. There is nothing in the Code other than the preventing of the use of the streets and sidewalks for commercial purposes. 7 4 COMMISSIONERS \A1 \01 CITY OF NEWPORT BEACH MINUTES May 9, 1996 ROLL CALL INDEX Mr. Dan Marcheano, owner of the Arches Restaurant and president of the Newport Beach Restaurant Association spoke as an individual business owner. He expressed concerns related to the competitive advantage this business would have in relation to established restaurants with his/her set costs. Mr. Tom Hyans, president of the Central Newport Beach Community Association spoke in opposition to the proposal. This opposition is based upon concerns related to trash generation, the potential for conflicts with the adjoining residences, the adequacy of parking on -site, and potential traffic conflicts associated with the ingress and egress for the site. Commissioner Selich asked the applicant if he was aware of the risk that this was a discretionary permit. The applicant stated that he was aware of the risk. ' Public Hearing was closed. Commissioner Adams asked Ms. Clauson if she has an opinion as to the need for this applicant to obtain this permit to do his intended operation? Particularly as to the duration of use and time. Ms. Clauson said she has been looking in the Code to see if there are any provisions in Title 20 that discuss the commercial use, permanent parking or long term parking of a commercial vendor within a private parking lot. So far there is nothing she has found yet. The issue to be looked for is the duration of use over a long period of time. It is not necessarily a parking issue as much as it is a use issue of private property for commercial purpose. Commissioner Adams asked staff if the applicant went before the Development Review Committee? Ms. Temple answered she did not believe he did. She continued by saying that in looking at this particular use, staff considered it to be 8 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES May 9, 1996 ROLL CALL INDEX substantially similar to the outdoor sales which has been considered under use permit requirements; coffee carts, strawberry stands, and the pumpkin patches, etc. It was a staff determination that this was of a similar nature to those outdoor sales operations which would require the approval of a use permit and therefore, as a temporary use, would require a temporary use permit. Commissioner Gifford commented to staff that this is very analogous to a take out restaurant. She asked for staff to comment on how the determinationwas made that there would be no requirement for parking? Staff answered that their consideration was that it was substantially similar to the outdoor sales establishments that are approved under those provisions as opposed to a fast food restaurant. Staff then reviewed the parking if the use were considered as a fast food • restaurant. Commissioner Pomeroy stated that after listening to all the comments and concerns, this seems to meet all the criteria as to why this should in fact be a temporary permit. With the concerns of an appropriate location over an extended period of time; how the operation will go and in many cases we are talking about things that are going to be there forever. Here, we are talking about something that will be there for 90 days. A temporary permit is very appropriate for this situation. It is not committing the city to anything and if it is a problem, it goes away. Chairman Ridgeway stated that he would not want to. see a truck there for twelve months. The applicant should be encouraged to invest money in a permanent location. Motion * Commissioner Adams made motion to deny this temporary use. Chairman Ridgeway ascertained from the Assistant City Attorney that the Commission has the authority to deny this application. • 9 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES May 9, 1996 ROLL CALL INDEX Ms. Clauson stated that the discretion is clear in the provisions under the temporary structures and use, ones that are consistent with the City's General Plan and the health, safety, peace, comfort and general welfare of the persons who reside or work in the neighborhood. Based upon the Commission's findings on evidence of testimony tonight by the applicant and the other members of the public, that this use would be contrary to the general health, safety and welfare of the community. Substitute Motion Commissioner Pomeroy made a substitute motion to approve the temporary use with the added conditions; there is no discharge of liquids upon the site; no tables and chairs be allowed; pedi cabs or quadro cycles not be allowed; revocation language; the placement of vehicle would displace only 3 parking spaces; that 3 additional parking spaces be designated for this use on site, and any extension be approved by the Planning Commission not the Planning Director. • Discussion followed regarding the number of spaces to be used and specified. Commissioner Gifford stated that she does not plan to support this motion and reiterated that it is inappropriate to have one particular restaurateur to have the ability to come in and operate in a way that he does not have to bear the burden of year -round businesses, compete against businesses that do, and have all the revenues go to Santa Ana and be granted an exception to do that. Commissioner Selich asked staff if the Commission could require that the point of sale be Newport Beach. Staff responded this would not be possible. Ms. Wood suggested an additional condition that this business have use of the trash containers on -site and be able to hook up hoses to the existing building. Commissioner Adams stated that he agrees with Commissioner Gifford and this was behind his motion for denial. This is not an appropriate use • 10 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES May 9, 1996 ROLL CALL INDEX of the Title 20 temporary use provision. If the applicant was in construction of a restaurant and wanted to open early, that might be a legitimate use of this type of vehicle, but with Mr. Marcheano's testimony, this is not fair to the other restaurant owners within the City. Commissioner Selich asked Commissioner Pomeroy if the motion for approval was for the permit of 90 days, as a practical matter, if this is approved it will be for six or more months. Commissioner Pomeroy stated that is why he asked for the extension to come back to the Commission for approval. ubstitute lotion Substitute Motion was called for and Failed - 4 No and 3 Ayes. No * '` Original MOTION to deny CARRIED - 4 Ayes and 3 No. Ayes x x x Vanal I ion Ayes ' x SUBJECT:. Alcohol Beverage Control License Procedures Item 3 No x x x Discussion of Planning Department and Police Department Procedures ABC:..Licens in regards to the application of conditions on Alcohol Beverage Control Procedures Licensing. " Ai�cussion Staff reported that this report was prepared at the request of the Planning Commission. The procedures used by both the Planning Department and the Police Department have been characterized. Capt. Jacobs of the Police Department is present to answer any questions regarding this matter. Chairman Ridgeway says that according to the report, the applicant can work with the Police Department to modify suggested conditions. Can the applicant appeal those suggested conditions by the police department? • 11 COMMISSIONERS r' L_ 4 CITY OF NEWPORT BEACH MINUTES May 9, 1996 ROLL CALL INDEX Ms. Temple answered that the way the current procedures operates, the appeal would be through the ABC (Department of Alcohol Beverage Control). It was her misunderstanding, previously, where she had indicated that all conditional protests were appealable to the Commission. The way the current Council Policy is written, a denial would be appealable to the Planning Commission but the conditional protest conditions are final at the level of the Police Chief but can be requested for modification through the ABC. Ms. Clauson clarified that there was recent legislation that gave the city the power to designate a legislative body or a person to recommend denial of a license. The City Council Policy was drafted in response to that law and designated the Chief of Police to make that denial based upon the new findings that were created out of that new law regarding the density of alcoholic establishments or the crime rate in the area. The Police Department has always had the opportunity to conditionally ' protest a license to the ABC. Captain Jacobs of the City of Newport Beach Police Department spoke to the Commission on behalf of Police Chief McDonell. His presentation included the prerogative and responsibility to interact with the ABC and the licensing process; attempts to minimize problems before they happen; the City's density of alcohol licenses; time used by the PD on alcohol related crimes; background checks on applicants/ owners /prior businesses, etc.; nature of businesses; provide information to the ABC; meet with the applicant(s) and meetings with the Development Review Committee. There is a list compiled by the Police Department that resulted in a study and review of the conditions of the ABC. This list is used to inform the applicant ahead of time as to the conditions that might be imposed and the concerns of the PD that might be addressed through the ABC. Decisions are not made by the PD, but they do work closely with the ABC and they pay attention to what the PD has to say. The PD does not always get the asked for conditions in the licenses, but they try to be fair and meet with the applicants which can result in changes to their recommendations. In the 12 COMMISSIONERS if o F �S \00\ 0w" �< CITY OF NEWPORT BEACH MINUTES May 9, 1996 ROLL CALL INDEX future, the Department would like to spend more time up front in licensing and less on enforcement. Chairman Ridgeway asked whether the Department had recommended denial of any applications since the adoption of Council Policy K -7. He was answered there have been no denials with 50 applications for the year. Commissioner Pomeroy stated that he brought this issue up as a result of conversations with a disgruntled restaurateur. Some of the concerns were in regards to conditions that were applied in his application that were not applied to other applications in the City of Newport Beach. Some of the conditions were: no discount drinks; no "happy hour'; no glass larger than 12 ounces; etc. He is concerned that the conditions aren't being applied evenly and that is frustrating to a business man. If it is a proper condition, then it should be applied to everybody. ' Capt. Jacobs agreed that he makes a good point but pointed out that just as the Planning Commission tries to differentiate between various types of businesses, so does the PD try to differentiate between various types of alcoholic establishments as they serve alcohol. Some conditions are very proper for some establishments and not proper at all for others. Commissioner Kranzley asked Capt. Jacobs what would prompt the PD to put a condition that there would be no discount drinks. Capt. Jacobs answered generally that would be an applicant who comes in under Class 47 (which is a restaurant) where the operational characteristics or building design could indicate the focus will be on alcohol and not on the legal mix of alcohol and food. When the primary focus of advertising is on alcohol, it's indicative of what the real intentions are of the applicant. This is a frequent condition that ABC imposes, regardless of the PD conditional protest. ' 13 4 COMMISSIONERS 0 CITY OF NEWPORT BEACH MINUTES May 9, 1996 ROLL CALL INDEX Discussion ensued regarding the ABC licensing control and their issuance of a license and the Use Permit control; standardization of conditions; and the variation between restaurants. Commissioner Gifford commented that there may be some disparity between the conditions applied to one business versus another business that are serving alcohol, that certainly is not different from anything the city does in land use all the time. We have a lot of non - conforming uses that may be occupied by businesses that give them advantages over another business because they do not have to meet parking requirements. Arguably, as new applications come in, conditions in the city may have changed, a new law may be in effect and therefore it may be appropriate to condition the use in a way that is not applicable to someone who got their use permit 20 years ago and has not come before the Commission nor the ABC. She referenced a news article which reported that 40% of the Police resources is spent in enforcing ' alcohol related violations. This is a disproportionate amount of Police resources. Typically, the Commission puts conditions on Use Permits for restaurants and bars, so that the Planning Commission may recall those applications and add or modify conditions. If there is this kind of problem, it seems unusual not to have had any feedback from the Police Department as to specific Use Permits that might be appropriate for the Commission to see if there are some additional conditions that might be added to help alleviate the problem. Capt. Jacobs related that was a good point and generally the ABC enforcement is either a fine or suspension. Hopefully, with the new Zoning Ordinance, the PD will be able to bring an applicant or business owner back here to add specific conditions. This seems highly appropriate and he suspects the reason that it has not been done is that the communication between the departments and the Commission has not been well and not as the PD should have done. Many of the problems of the businesses have not been under control of the Use Permit. 1 14 COMMISSIONERS F- L CITY OF NEWPORT BEACH MINUTES May 9, 1996 ROLL CALL I INDEX Mr. Dan Marcheano spoke to the many good points in the presentation. Discussion followed regarding the problems of alcohol; reputation of the community; and problems with the list of 29 potential conditions that the PD has come up with. He cited a few problems with these conditions that has been experienced by many restaurateurs, as well as the time involved in getting amendments thru the ABC. He stated that the restaurants in the city are the number one money maker in the community. This is a national and international destination with promotion sponsored by several groups. He concluded by saying that tax and revenue information generated by the restaurant industry should be brought out in these discussions. Chairman Ridgeway asked to see the 29 potential conditions of approval and how they impact what is done by the Planning Commission and he would like to see the PD and the Restaurant Association meet and discuss compromises. COMMISSIONERS • �� oc�9�9 °� F� 4 L CITY OF NEWPORT BEACH MINUTES May 9, 1996 ROLL CALL _F1 F7 INDEX ADDITIONAL BUSINESS: Addtnl . BuSinoss a.) City Council Follow -up - A verbal report by the Acting Planning Director regarding City Council actions related to planning - Ms. Temple reported that the City Council completed the action on the Amendment to the Time Share Ordinance. b.) Verbal report by the Planning Department Manager regarding Outdoor Dining Permits, Specialty Food Permits, Modification Permits and Temporary Use Permit approvals - Packet was distributed to Planning Commission for future reference, if needed. c.) Verbal report from Planning Commission's representative to the Economic Development Committee - Mr. Selich reported that there was a meeting with the residents of the nearby airport area ' who showed favorable interest regarding the draft new proposals in the Zoning Code relative to the airport area. d.) Verbal report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee - Ms. Gifford reported that the city has authorized a consultant study and a workshop group to be set up for the Balboa Peninsula Planning Study. There will be four separate groups working; Central Balboa, McFadden Square, Cannery Village, and Lido /City Hall area. A kick -off orientation meeting for the workshop groups will be held at the Newport Harbor Yacht Club on May 15th. There are three Planning Commissioners who have been assigned to participate in various groups. The groups will work individually to talk about problems and solutions and then based on these findings and recommendations there will be a final public report. e.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - at this time Mr. Kranzley reported that the steering committee for the re -write of the Zoning 16 4 COMMISSIONERS IN \A1<1 k CITY OF NEWPORT BEACH MINUTES May 9, 1996 ROLL CALL INDEX Code has completed its task. The matter will come for a hearing after formal recommendation(s) from the Economic Development Committee and will be scheduled for the June 20th Planning Commission meeting, barring unforeseen complications. f.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none. g.) Requests for excused absences - Commissioner Adams asked to be excused on June 6th and Commissioner Pomeroy stated that there is a strong possibility he would not be in attendance at either the June 6th or June 20th meetings due to his business schedule. ADJOURNMENT: 9:40 p.m. Adjournment MICHAEL KRANZLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION ' 17