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HomeMy WebLinkAbout09/07/1995COMMISSIONERS CITY OF NEWPORT BEACH I MINUTES Pr La 4 Mo Al 4 9 � F O yi�0'L F�9�0� lkx REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: Centemhe 7 1995 ROLL INDEX CALL esent * * * * * * Commissioner Pomeroy arrived at 7:40 p.m.. to *rr EX- OFFICIO OFFICERS PRESENT: Kenneth Delino, Assistant City Manager, Planning and Building Robin Clauson, Assistant City Attorney Patricia Temple, Planning Project Manager Rich Edmonston, Traffic Engineer Ginger Varin, Executive Secretary Minutes of August 24, 1995 Minutes of 8/24/95 tion Motion was made and voted on to approve with correction, the 1 Ayes August 24, 1995, Planning Commission Minutes. MOTION Approved CARRIED. •t* Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. Posting of the Agenda: Posting of the Agenda Mr. Delino stated that the Planning Commission Agenda was posted on Friday, September 1, 1995, in front of City Hall. • o��'G �G'�9F9� F�� CITY OF NEWPORT BEACH MINUTES September 7, 1995 ROLL INDEX CALL SUBJECT: Haute Cakes item No. 1 1809 Westcliff Dr. Use Permit No. 3522 (Public Hearing) UP 3522 APPLICANT: Paul Taddeo roved Request to convert an existing specialty food establishment into a take out restaurant with on -sale alcoholic beverages and incidental seating. Also included are interior alterations and a request to expand the floo area devoted to dining (addition of 18 seats), and to waive a portion o the required off - street parking spaces. Chairman Ridgeway stepped down from the consideration of this Item due t ' a financial conflict of interest. Ms. Temple clarified the issue of floor area expansion. The staff repoll indicates that the request includes floor area expansion, however the chail describing the floor area does not indicate a change. This particular restaurant had a previous approval for specialty food expansion which h not yet been exercised. The existing entitlement is for specialty food, request is a Use Permit for a regular restaurant. Commissioner Adams referenced the Table on page 3 and clarified that th floor area described does not include the common area used for incidental dining. Mr. Taddeo was asked if he had read the findings and conditions fo approval and Exhibit A and if he agrees. Mr. Taddeo stated yes, but needec clarification of Item No. 5 in Conditions regarding grease interceptors. Ms Temple answered that the City is in the process of reviewing requirement for grease control devices and has optional language which would requir that a grease control strategy approved by a building official be approve prior to permit issuance. This may involve the installation of greas ' -2 COMMISSIONERS otoiRVIN070, �iiov CITY OF NEWPORT BEACH MINUTES September 7, 1995 ROLL CALL INDEX interceptors or perhaps an alternate strategy to control grease comin through the system. Public Hearing was opened. Commissioner Adams questioned staff on the parking issue. The surnman of existing parking assignment on page 9, Appendix A itemizes the cod required parking for existing uses on site. It totals less than the amount o parking on site, with an excess of 21 spaces. Commissioner Adams asked ' this application is approved, will 21 spaces be left on the site in a pool. Sta reported the total parking requirement for the restaurant is 45. The suggest waiver is 32 spaces. Commissioner Adams expressed concern with the large amount of waived spaces as a potential problem to adjacent properties particularly on the weekend. The adjoining uses are non -food business. Potential problems would most likely occur at the noon hour, when all the business are in operation. There is a provision in the Conditions that woul ' allow call back of this Use Permit if parldng became problematic. Staff affirmed Condition 16 on page 7. i Public Hearing was closed. Commissioner Thomson stated that this is an issue that we should let th market prevail. If it is going to be successful and the parking is adequate people will come to use it and if it is not enough parking people will thin out We should give them the waiver. Commissioner Kranzley stated he was uncomfortable with the waiving of th parking but with the call up provision providing an avenue if it did become problem with other businesses, he would agree to the waiver. Commissioner Pomeroy generalized that for the last five or six years, parkin has not been a problem in most of Newport Beach. Commissioner Gifford asked for additional clarification of the staff report o parking. It states that there are currently 161 parking spaces on the subje property in a parking pool situation. On page 10 it states that based o -3- COMMISSIONERS L MiPlkoix CITY OF NEWPORT BEACH MINUTES September 7, 1995 ROLL CALL INDEX parking required for the existing uses and the proposed take -out facility, the parking requirement for the entire property would be 145 spaces. Stafl reported that this item on page 10 references another business. Commissioner Adams reposed his question - if this permit is approved are there 145 spaces allocated to code required parking with a surplus of 16 spaces. Staff reported that the proposed conditions of approval would not require any additional parking spaces for the expanded use with the exception of 5 for the employees. Commissioner Adams questioned waiving parking requirements when there is a surplus on the site. Commission Adams stated someone else could come in with another use and there will be spaces available when we just waived 32. Staff agreed. If this permit is approved he would like to see all 161 spaces accounted for. Assistant City Attorney Clauson stated the probable waiver is for other uses. If others come onto the site that need parking and this business uses them all ' up, then they are not going to have enough parking. In the past, that has been the reasoning behind this waiver. To account for this business and expansion the Commission was asked to make a determination to waive those required spaces allowing for the allocation of other potential uses to come in. Commissioner Adams asked if this was prudent for the Commission to waive spaces when there is no need to. Spaces are available to be applied to this use. Commissioner Thomson stated other uses may impact future uses. Since staff has recommended this, lets go with this as we have recourse to recall this Permit. Commissioner Adams stated that Haute Cakes is the applicant, not the ownet of the shopping center. He stated that there is parking overflow onto othei businesses. Commissioner Gifford stated that instead of anticipating a waiver for thi applicant, lets address this issue if there is a subsequent use applicant. ' -4- COMMISSIONERS Aye� No Abs- 4 r L CITY OF NEWPORT BEACH MINUTES September 7, 1995 ROLL CALL INDEX Commissioner Sefich asked if all the spaces in the shopping center are leased or is a vacancy causing the surplus parking. Staff answered that the parking surplus is based on M occupancy of the building. One point of clarification there are currently 21 surplus spaces based on the standard parking requirements. This particular business would require 45 but they currently provide 8 as a specialty food use meaning they would need a differential o � 32 spaces. The staff report recommends that they be required to provide 5 of those in the parking pool therefore waiving the 32 which is found in the conditions of approval. A MOTION to approve Permit No. 3522. A substitute MOTION was made to waive only those spaces that an necessary. MOTION carried. Commissioner Pomeroy clarified that thi intention of the substitute motion was to include a re,-writc of Condition No :ained 5. Finding�: I . That the proposed development is consistent with the Land Us, Element of the General Plan and is compatible with the surroundiq land uses. 2. That the project will not have any significant environmental impact. 3. That adequate parking is available on-site to accommodate ft eNisting and proposed uses. 4. That the waiver of the development standards as they pertain to walls, and a portion of the required parking (16 spaces) will not be detrimental to adjoining properties. 5. That the approval of Use Permit No. 3522 will not� under the circumstances of this case, be detrimental to the health, safbty, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and -5- COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES September 7, 1995 ROLL CALL INDEX improvements in the neighborhood or to the general welfare of City. Conditions: 1. That development shall be in substantial conformance with the approved site plan and floor plan, except as noted below. 2. That the development standards pertaining to walls, and a portion of the required additional parking spaces (16 spaces) shall be waived. 3. That the hours of operation shall be limited between the hours o 7:00 a.m. and 12:00 midnight, daily, and that any increase in ho shall be subject to the approval of an amendment to this use permit. 4. That trash receptacles for patrons shall be located in convenien locations inside and outside the building. i i 5. That prior to the issuance of any Building Permit a grease contr strategy shall be approved by the Building and Public Work Departments. 6. That kitchen exhaust fans shall be designed to control smoke an odor to the satisfaction of the Building Department. 7. That the project shall comply with State Disabled Access requirements. 8. That all signs shall conform to the provisions of Chapters 20.06 o the Municipal Code. 9. That all mechanical equipment and trash areas shall be screened fro Westcliff Drive, Sherington Drive and adjoining properties. 4 4 COMMISSIONERS 000%xomilloro\ CITY OF NEWPORT BEACH MINUTES Sentember 7. 1995 ROLL CALL INDEX 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 and the Public Works Department. 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. No tablecloths shall be permitted on the tables outside the facility. 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. t 14. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 15. 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. 16. That the Planning Commission may add to or modify conditions o 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. 17. That this Use Permit shall expire unless exercised within 24 mom from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. * *r ' -7 COMMISSIONERS 4 4 CITY OF NEWPORT BEACH MINUTES Sentember 7.1995 ROLL CALL INDEX SUBJECT: Bars and Theater/Nightclub, definitions Item: No; 2. Amendment No. 825 (Public Hearing) A Po. 825 A City initiated amendment to Title 20 of the Newport Beach Municipal ode to: Approved Permit "bars" and " theater /nightclubs" in the RSC, APF, RMC and M 1 -A Zoning Districts, as well as various Specific Area Plans and Planned Community Districts Citywide, subject to the securing of a use permit in i wh case. Staff asked if Item No. 2 and Item No. 4 could be reviewed and discussed j together. i And SUBJECT: Findings related to Bars and Taverns Item No.. 4 Amendment No. 831 (Public Hearing) A Rio. 831 Introduction of a City initiated Amendment to Title 20 of the Municip Codeto: /21 /mved_t 9 .9/21/95 Require that specific findings be made by the Planning Commission the City Council on appeal related to the approval of a Use Permit for th service of alcoholic beverages in conjunction with bars (bars an taverns). Mr. Delino stated that this was a housekeeping item until the PI Commission realized that they were permitting bars and theater /nightclub ' -8 COMMISSIONERS 4 �40 �RKIN010,1 fl �� CITY OF NEWPORT BEACH MINUTES September 7, 1995 ROLL CALL INDEX into some districts that perhaps they did not want them in Since that tint the Assistant City Attorney and the Planning Manager have been working or a solution. Commissioner Pomeroy stated he has concerns with considerations o making findings by either City Council or the Planning Commission which i in the supplemental reports attached based on criteria of alcohol licenses pei capita and trying to make it a comparison to any city that does not have the visitor service that Newport Beach has. Newport Beach has 100,000 people here on a summer weekend. He is asking staff for clarification. I Commissioner Gifford stated that if it is based on the County as a whole i may actually even out with places like Newport Beach being m the averag as well as Laguna Beach and Anaheim and Costa Mesa with shopping malb that have liquor licenses. She does not perceive it to be as large an issue witt the mixture of municipalities within the County and including Newpo Beach. Chairman Ridgeway asked for staff report. Mr. Delino stated that Ms Temple would give a technical report and then he addressed Commission Pomeroy's concerns. Mr. Delino pointed out that this relates to only b and theater /nightclubs and does not relate to restaurants. One of th subtleties of the whole economic development problem is yes, we have a to of visitors but what kind of visitors do we want and what do we want then to do when they get here? That is the issue. Do we need more bars that d not relate to restaurants? The question is do you want them to spend mon in bars which tends to increase our costs for services. Ms. Temple stated that Item No. 2 is a continued hearing from a month ag where staff presented the same changes as is in tonight's staff report. Th original hearing was viewed at that time as a housekeeping item whic resulted from the addition of definitions for bars and theater /nightclubs int the zoning code in order to address certain specific issues on a city -wid basis. However, as the Commission considered that particular item the., questioned whether we should be so permissive in specifying bars an theater /nightclubs in all of the commercial zoning districts and the Specifi 4 0y �1 N190 a \ \ L 4 CITY OF NEWPORT BEACH MINUTES September 7, 1995 ROLL CALL INDEX Plans, particularly those in the Peninsula area where we have some kno problems. Commission asked staff to work on this issue. The proposed changes in Item No. 2 are exactly the same as those which were previousl before you and they merely add in the terms "bars" and "theatednightclubs' in the districts which are described. Item 4 and its Addendum with the request to initiate additional language in the restaurant section of the Zoning Code to provide specific findings tha the Planning Commission may make as it considers Use Permits for bars arK taverns was the main point of concern. The Addendum report has on addition that reflects existing Council policy in terms of the issuance of Public Convenience or Necessity finding. The State has adopted nev legislation within which the Alcohol Beverage Control Board (ABC) h granted permissions to Cities to make findings which would result in th denial of a liquor license in certain cases. The City chose to designate th Police Chief as the first decision point in making those findings to be mad back to the ABC. The City Council adopted a policy establishing that bu also provided that the decision of the Police Chief could be appealed first t the Planning Commission and subsequently to the City Council. Th amended language in the Addendum staff report describes that additiona procedure but does not change the original proposal. hr terms of the Findings, we have kept the same traditional findings that we have had ' regards to these types of uses, i.e., consistency and not detrimental to heal safety and public welfare. The second paragraph is a permissibility type o finding and does not require denial if any of these circumstances preset themselves but it does enable the Planning Commission to use these items point of consideration as they consider individual permits. The Commissio would be using these same findings as points of consideration in an appeal o the decision of the Police Chief or a Use Permit whichever the case may be. So, to answer Commissioner Pomeroy's concern, the findings do not requir the denial of a permit if the crime rate in the area is unusual or if there an more alcohol licenses per capita but those facts can be used as findings ' order to support a denial should the Commission choose to do so. St passed out a map of highlighted census tracts in the City which do have mor licenses per capita than the county-wide average. -10- • September 7, 1995 Chairman Ridgeway asked for discussion on an applicant wanting to displace a shop next to an already established bar with a full bar, where is the Convenience or Necessity, how does that play in this scenario. Staff reported that the section on Convenience and Necessity is not specific but does give the opportunity to look at whether the establishment of another business is really necessary to serve the public in a way that they wish to be served in terns of being conveniently located in an area. This is where those three findings actually work in combination and that is a high crime rate, a high number of outlets per capita already which would lead to a finding that this additional business is not really necessary to Public Convenience. Chairman Ridgeway stated that we blossom to 100,000 people on the weekend. A city like New Orleans which is tourist oriented can not build enough bars. Ms. Clauson said the first step would be for the ABC to contact our designee, the Chief of Police, to make that finding because under the provisions of the legislation which was passed, if the Police Chief or City designated policy decision maker on this determines that the bar is to be located in an area where there is a higher number than the county wide average or in an established high crime rate, then the Police Chief makes the determination that we do not want to issue a license. The ABC then does not issue a license. Under our City Council adopted policy, the person who does not like the opinion or the determination of the Police Chief can appeal and then it would come to the Planning Commission. The Commission would take under consideration the proposed Amendment with basically the same considerations as the Chief had. If ABC refuses a license, they can't appeal to the Planning Commission. If the Chief makes that determination and the ABC refuses the license the applicant's appeal is not to the Commission. It would be an appeal of the Police Chief's finding, not that the ABC has refused the license. Mr. Delino gave additional input on this issue. This determination is being kept in the planning function because there is an actual situation where the Commission could approve a Use Permit and then the Police Chief could • -11- COMMISSIONERS • oI \PO \ WIRIN31 4 4 CITY OF NEWPORT BEACH MINUTES September 7, 1995 ROLL CALL INDEX deny the certificate of Convenience and Necessity. What we are trying to d here is to create consistency so that the same criteria the Police Chief used would also be available to the Planning Commission. The Police Chief decision could be appealed to the Commission, but the ABC decision woul be based on the Police Chief s decision. In the past, the ABC has usuall used the Use Permit as statement from the City saying that they approved the use. The Licensee can not get his ABC permit until he gets ' Use Permit. He gets his Use Permit first, then goes to the ABC for ' license. In some instances where the City is the property owner, the AB comes back to us and asks if it is okay as the property owner even after w have given the licensee a Use Permit. This is in response to what happenec in Los Angeles in rebuilding the liquor stores. The State mandates that w have to have a body or official designee as the person to communicate wit the ABC and we said it would be the Police Chief. Now, we have thi additional requirement placed on us relating to this bar and theater /nightclu ' action you have before you. What staff is trying to do is to make things ai consistent as possible. Comrissioner Kranzley stated that if the Police Chief granted a license, w could overturn it through the Use Permit process. If the Police Chief deniec a license and the ABC denied a license we could not overturn thos decisions. We could not grant Use Pernt if the applicant did not have license. It is a timing question, if the applicant could get to the P Commission before the Police Chiefs transmittal gets to ABC. Staf discussed potential problem of applicant having an approved bar but no having a liquor license. Staff said that they are trying to make this concurrent process to eliminate problems. Administratively a process will b worked through that is fair. Commissioner Gifford stated that perhaps we could ask for the Police Chief input on any application. Staff addressed this by indicating at what point th would request that the Police Chief give his determination and staff woul then inform the applicant that this determination is required as part of th application package for Use Permit, This would preclude denial by thr Police Chief after Commission has approved Use Permit. ' -12- COMMISSIONERS 4 olb\IF 4 Moi Al] 4 CITY OF NEWPORT BEACH MINUTES September 7, 1995 ROLL CALL INDEX Commissioner Pomeroy wanted to know the number of alcohol licenses pel capita in the City of Newport Beach and the County average. Staff reported that the Attachment for Item No. 2 shows the on -sale allowed in existing and off -sale allowed in existing census tracts for the City o Newport Beach. The map was distributed showing those census tracts which already exceed the on -sale limitations and the county wide avers one licensee for every 852 residents. Staff reported that if the Commission wants to regulate the location of bar what staff has given you is findings for denial. Right now, the Commissio does not have findings for denial based on crime or population density or am other thing other than parking, set -backs and all the normal zonin conditions. What this does is give some additional findings for denial if th Commission chooses to use them to control the location of bars and liquo ' stores. The State has given us this standard. Public Hearin��ened. Public Hearing closed. ion I Motion was made to approve Agenda Item No. 2 adopting Resolution No. _ Ayes 1405 and Amendment 825 and No. 4 adopting Resolution No. 1406 and se L Amendment 831 for Public hearing at the Planning Commission meeting o September 21, 1995. MOTION CARRIED. I . *r SUBJECT: Mariner's Mile, Automotive Uses item; No:'. Amendment No. 830, Resolution No. 1407 A No. 830 Amend Chapter 20.62 of the Municipal Code t , Approved . change the permitted uses dealing with aut related uses. -13- 4 plot Aye No 4 COMMISSIONERS \kxloi �� CITY OF NEWPORT BEACH MINUTES September 7, 1995 ROLL CALL INDEX Staff reported this is a continued Public Hearing from the last meeting where they sought to amend the Mariner's Mile Specific Plan to change provisions as they relate to automobile sales and automobile repair uses allowing automobile sales and only allowing automobile repairs when they were accessory to a primary use. An issue was raised at that hearing that particular language might prohibit an auto repair use which was truly ancillary to a new car sales to come into the area if it happened to be on separate parcel or in a slightly different area from the primary auto sales use. Staff has come back with alternate language proposing that automobile repair can be permitted when it is ancillary to an existing use within the Specific Plan and therefore it would allow for some location separation between the primary auto sales use and a repair facility, although it must be within the Specific Plan. Commissioner Thomson asked if a lineal length between the different ' parcels had been considered. Staff reported that given the small area o the Mariner's Mile Specific Area Plan it was not necessary. Commissioner Adams questioned why Staff and Commission were doing this? Staff answered that vacant properties have the potential for auto repair, paint shops, etc. and this is not consistent with Mariner's Mil Specific Plan. Commissioner Adams asked what is the difference between painting cars and painting boats. Discussion ensued as to the constraint of Local Coastal Plan with the boat uses and uses of car repairs. Commissioner Adams stated that there should be another way to discourage objective land uses without singling one out. Public Hearing was opened. Public Hearing was closed. :ion * Motion was made to adopt Resolution No. 1407 recommending approval S * * * * *. of Amendment No. 830 to the City Council. MOTION CARRIED. * •�s ADDITIONAL BUSINESS: ' -14- COMMISSIONERS r CITY OF NEWPORT BEACH MINUTES September 7, 1995 ROLL CALL INDEX a.) City Council Follow -up - A verbal report by the Assistant City Manager regarding City Council actions related to Planning - Ci Council requested an update on the LCP certification which will b presented by staff on the next agenda; they approved the Nail Salo definition and extension of the RSC and other PC Districts; approve Block 500; approved Summerhouse, and approved Silk Road wit an alternative site scheme. b.) Verbal report from Planning Commission's representative to th Economic Development Committee - Corrunissioner Selich was appointed by the City Council as Planning Commissioii representative as well as Gary DiSano as a member -at- large. Selic expressed Council concerns with the airport re- zoning study to done at their direction. Council is looking forward to recommendations from Planning Commission on the area betwee Campus and Birch, and Bristol and MacArthur as a revenue I generating source with potential land use changes. c.) Verbal report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee - Gifford stated that at the next meeting they will review and comment on the PoG Statement the Planning Commission reviewed recently as part of th General Plan Recommendations that are Peninsula specific will be made during this review. d.) Matters which a Planning Commissioner would like staff to report o at a subsequent meeting - none. e.) Matters which a Planning Commissioner may wish to place on future agenda for action and staff report - none. f.) Requests for excused absences - Pomeroy may be out of the co on business that week. g.) Discussion of staff report format - none. J -15- COMMISSIONERS 4 4 CITY OF NEWPORT BEACH MINUTES Sentember 7. 1995 ROLL CALL INDEX rr* ADJOURNMENT 8:43 p.m. *�s MICHAEL KRANZLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COhBUSSION ' -16-