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HomeMy WebLinkAbout09/18/1997Planning Commission Minutes September 18, 1997 Vtegular Meeting - 7:00 p.m. ROLL CALL Present: Commissioners Selich and Ashley - excused STAFF PRESENT: CITY OF NEWPORT BEACH Fuller, Ridgeway, Kranzley, Adams, Gifford, Commissioners Adams and Giff ord were Sharon Z. Wood, Assistant City Manager, Community and Economic Development Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Rich Edmonston, Development Services Manager Ginger Varin, Planning Commission Executive Secretary 0 Minutes of September 4,1997; Motion was made by Commissioner Fuller and voted on to approve, as written, the September 4, 1997 Planning Commission Minutes. Ayes: Selich, Kranzley, Ashley Noes: none Absent: Adams, Gifford Abstain: Fuller and Ridgeway Public Comments: none Posting of the Agenda The Planning Commission Agenda was posted on Friday, September 12, 1997 outside of City Hall. INDEX Minutes Public Comments Posting of the Agenda • City of Newport Beach Planning Commission Minutes September 18, 1997 SUBJECT: Windows on the Bay Restaurant (Scoff Shuf leworth, applicant) 2241 West Coast Highway (Continued from August 21, 1997) • Use Permit No. 3293 (Amended) Request to amend conditions of approval of an existing full service restaurant to allow a change in the operational characteristicsto allow: • the cessation of regular meal service prior to the closing of the restaurant and operation of the facility as a bar /nightclub with alcoholic beverage service as the principal purpose from that time until closing; • an increase in the permitted hours of operation of the restaurant and the outdoor dining area; • the retention of a service bar in the outdoor dining area; • a change to the type of permitted live entertainment which is currently limited to combos and mariachi bands; • the retention of a loudspeaker sound system in the outdoor dining area. • Ms. Temple stated that this Use Permit Amendment is before the Planning Commission as a result of the discovery that the restaurant had a bar on their outdoor dining patio which was not covered under the original approval. The applicant appeared at the Development Review Committee after notification of this discrepancy. Through that process, it was discovered that the ongoing operation of a number of years had a number of issues related to the original conditions of approval, notably, the extended hours of operation to 2:00 a.m. The staff and applicant have put together a this application to bring the full operation of the business within an approved Use Permit. In addition to the alcoholic beverage service on the patio, the application includes approval of the cessation of meal service prior to the closing of the restaurant and operation of the facility as a bar /nightclub with live entertainment. One key raised in the staff report is the retention of the service bar in the outdoor dining area. The original approval of the outdoor dining area was for the service of food with closure at 11:00 p.m. Staff believes there could be problems with the use of an outdoor dining area as a bar, therefore, suggests that the patio dining should be conditioned to be primarily for the purpose of serving meals, and be closed to further seating when meal service ceases within the restaurant. Additionally, the hours are proposed to be limited to 10:00 p.m. Sunday thru Thursday and midnight Friday and Saturday. Introduction of a memo of the Police Department was made. At commission inquiry, Ms. Temple, referencing the site plan exhibit on • the wall, noted the patio area, lounge areas, service gates and door 2 INDEX Continued to October 23, 1997 • City of Newport Beach Planning Commission Minutes September 18, 1997 accesses. Commissioner Selich inquired of staff any perceived problems with the outdoor service bar. Staff opinioned that the primary purpose of the sale and consumption of alcohol is different than conventional restaurant service particularly in the later evening hours with the combination of increased consumption and diminishment of surrounding noise environment and natural carrying of noises on the bay especially to the extended hours of 2:00 a.m. It was noted that the restaurant has operated with no problems to date more or less. To staff's knowledge this facility has not generated calls to code enforcement such as hours, noise, etc. Discussion continued on the following: • It was noted that the channel is 750 feet wide. • The restaurant can operate until 11:00 p.m. outside with the current Use Permit • The suggested change would be from 11:00 p.m. to 10:00 p.m. five days a week Monday through Thursday and on the weekends the • change would be to midnight • Few noise complaints recorded in the Planning Department. • Applicant is seeking approval to serve alcohol on the patio until 2:00 a.m. Public Comment was opened. Scott Shuttleworth, 1918 Holiday Road, applicant, at commission inquiry, stated he has read, understands the conditions in the staff report; but does not agree with all of them. Rush Hill, representing Scott Shuttleworth, stated that the applicant does not want to change any of the existing operational procedures which have been in place for two years on the patio, thirteen years in the restaurant. The intent is to validate these operational activities in the actual conditions of the use permit. He noted that the applicant had contacted the Police Department for and received a tour of his facility to evaluate compliance with the use permit. During that tour, it was noted that the operational bar on the patio was not permitted with the use permit. The applicant then received copies of the use permits issued on the property from the city. In reviewing the paper work it was identified that about half dozen items were not in compliance, for instance: • speakers on the patio broadcasting background music • hours of operation to 2:00 a.m. in the restaurant and on the patio • They agree with the items in the report with the exception of the denial 3 INDEX • City of Newport Beach Planning Commission Minutes September 18, 1997 of the bar on the patio and the closing of the patio prior to the closing of the restaurant. He concluded asking that these be allowed. At commission inquiry it was noted: • speakers on the patio broadcast background music only and not at the some level as the interior music is broadcast • speakers are not tied into the entertainment inside the facility • windows and doors are closed during live entertainment in the facility • applicant has no objection to moving the speakers • applicant has read the police department memo • the bar area and how it services the restaurant and the patio was explained while referencing the exhibit on the wall • cocktail waitresses or food servers serve alcohol to the outside patio area • portable bars had been used on the patio but not used now • a portable bar is used for private parties only with the bartender in control • discussion of placement of portable bar and live entertainment (single or trio) • private parties may bring in up to five entertainers during the day patio was built in accordance with approved plans and • specifications by the previous owner applicant would limit hours on weeknights to midnight and remain open until 2:00 a.m. on the weekend through normal operations • parking lot is being used by Joe's Crab Shack - (applicant opposes this and will look into this issue) • live entertainment started at 4:00 p.m. and at 10:00 p.m. went inside Commissioner Selich asked staff how the noise ordinance is measured and enforced. Staff answered that the noise ordinance sets out decibel limits based on the hour of operation and, referencing page 14 in the staff report, noted the two measurement locations. It was noted that it could be measured at the houses across the bay. Detective Craig Friaell, Vice Unit of Police Department answered questions regarding the memo of the Police Chief that was distributed at the meeting. He noted that at that address within the last two years there have been 60 calls for services. Those calls can not all be attributed directly to the business. Calls of complaints about noise by residents were approximately 8, primarily Via Lido Nord and Kings Road. One of the noise complaints was investigated by code enforcement on May 24, 1996. Detective Friaell noted that Windows is extremely busy on Saturday nights and it would be impossible to close the patio at . midnight, what would happen to the displaced patrons (60)? They A INDEX • City of Newport Beach Planning Commission Minutes September 18, 1997 can't put them into the main area or they would go over the maximum occupancy, and it is difficult to tell them to go home. Closure at 10:00 p.m. would not be as much of a problem as it would be at midnight or later. Detective Frizzell listed the following noted issues being worked on since the first of the year: • lack of security • long lines waiting to get in • overcrowding inside • fixed bar or portable bar on patio may not licensed by ABC • occupancy rate re- calculated by Fire and Building Departments • location of five musicians Chairperson Kranzley stated that due to the amount of new information that has come in within the last few hours this item should be continued. The Commission expressed their support. Dan Marcheano, Arches Restaurant - spoke in favor of this application noting that 8 complaints in a 20 month period is common. He noted • that Mariner's Mile is extremely competitive and limiting the hours of operation would be detrimental to the business. If this was done, then patrons would leave and go to other establishments that are already crowded and the noise level would be increased. Richard Sallis, 218 Via Lido Nord - spoke in opposition to the application citing noise problems. He noted that he has to listen to the music until 10:00 at night. He stated that he has complained of the noise issues. Public Comment was closed. Chairperson Kranzley noted that there were three letters in opposition to this item. Commissioner Ridgeway noted that the Commission needs to understand the noise source and that can be done with monitoring devices at the property line and in the 300 block of Lido Nord and the pier at Via Antibes, all at different hours. It appears that the patio speakers need to be addressed. Parking is also an issue that needs to be addressed especially if other establishments are using the parking lot. Staff stated that within the noise element there is a chart of the various sound levels and would make this information part of the report. Re- noticing of this item will be addressed by staff as well. • INDEX • City of Newport Beach Planning Commission Minutes September 18, 1997 • • Motion was made by Commissioner Ridgeway to continue this item to the Planning Commission meeting of October 23, 1997. Without objection, the motion carried by acclamation with Commissioners Adams and Gifford absent. SUBJECT: Peninsula Fluff and Fold (MarkCernich, applicant) 2815 Newport Blvd. • Use Permit No. 3613 Request to allow the construction and establishment of a self- service laundry facility with fluff and fold service and related off - street parking provided on -site. Staff noted that there is a modification and one added condition of approval which have been reviewed with the applicant. In Condition No. 20, the cross reference should read, "...20.43.050 N of the Municipal Code." A condition requested by the Public Works Department would be added as number 28, 'That the proposed monument sign shall be relocated on to private property and that the location shall provide site distance in accordance with the city standard 1 101 and as approved by the city traffic engineer." Commissioner Ridgeway asked about the sewer capacity for this type of operation. He was answered that in the opinion of the Utilities Manager, there is adequate capacity. Public Comment was opened. Michael Luna, 31681 Camino Capistrano, Suite 105, San Juan Capistrano architect of the project, stated that the applicant and he have reviewed the staff report with the findings and conditions of approval and are in agreement with the conditions except nos. 4 and 11. Number 4 regarding restrooms being provided for each sex, during an earlier review with staff it was indicated that code would require only one restroom although it was recommended that two be provided. Providing two restrooms would be difficult and beach-goers would tend to use their facilities. With regard to number 11 and the onsite parking and circulation systems subjected to further review, he would like to know if their submittal of the proposed parking layout has been reviewed and if it is in compliance. Mark Cernich, applicant30 Beacon Bay stated that there are three sewer lines going from the property into a 24 inch main. At commission inquiry, INDEX Item No. 2 Use Permit No. 3613 Approved • City of Newport Beach Planning Commission Minutes September 18, 1997 he stated that he will be using tokens issued by employees to control use of the restrooms by patrons only and that there will be at least one employee on site at all times the facility is opened. Public Comment was closed. Chairperson Kranzley asked staff the minimum number of required restrooms and was answered that the condition as drafted by staff was based on plan review request process whereby the building department did suggest a condition to provide separate bathroom facilities for each sex and to comply with the Uniform Building Code. There is suggested language that would allow an approval by the building Director for flexibility of this request. Mr. Edmonston, Traffic Engineer stated that Condition 11 is a standard that is put on all projects relating to the circulation systems. Staff finds that after plan review, it is found that plans are fine tuned before building permits are issued. This condition is there for city protection. Motion was made by Commissioner Ridgeway to approve Use Permit No. 3613 with modification to Condition No. 20, ........20.43.050N of the • Municipal Code ", and addition of Condition No. 28 to read, 'That the proposed monument sign shall be relocated on to private property and that the location shall provide site distance in accordance with the city standard 1101 and as approved by the city traffic engineer." And modification to Condition No. 4 to read, "That a minimum of one restroom shall be provided unless otherwise required by the Building Department and the Uniform Plumbing Code." Without objection, the motion carried by acclamation with Commissioners Adams and Gifford absent. Findings: That the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail and Service Commercial' uses. A laundry facility is a permitted use within this designation. 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 (Construction of small structures). 3. That the proposal involves no physical improvements which will • conflict with any easements acquired by the public at large for 7 INDEX • City of Newport Beach Planning Commission Minutes September 18, 1997 access through or use of property within the proposed development. 4. The approval of Use Permit No. 3613 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 for the following reasons: • Adequate parking is provided on -site to serve the proposed use. • The limitation on the hours of operation will, prevent noise problems which may disturb residential uses in the vicinity. • The facility is designed in full compliance with the Cannery Village /McFadden Square Specific Plan Area development standards with regard to floor area (FAR), setbacks, landscaping, height and parking. 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 hours of operation of the laundry service facility, including the self service machines, shall be limited to the hours operation as set forth below. Any increase in the hours of operation shall be subject to the approval of an amendment to this use permit or in accordance with the provisions of the Municipal Code. Hours: Fluff and Fold Service: Self- service laundry: 7:00 a.m. to 7:00 p.m., daily. 6:00 a.m. to midnight. daily 3. That one parking space for each 250 sq.ft. of gross floor area shall be provided on -site. 4. That a minimum of one restroom shall be provided unless otherwise required by the Building Department and the Uniform Plumbing Code 5. That should any boilers be provided on -site, they shall be isolated in accordance with the requirements of the Uniform Building Code. 6. That the use of chemicals shall be reviewed and approved by the Fire Prevention Bureau. 0 INDEX • City of Newport Beach Planning Commission Minutes September 18, 1997 That the cleaning operation shall be installed and operated in conformance with the requirements of the South Coast Air Quality Management District, if applicable. 8. That the project shall comply with State Disabled Access requirements. That all improvements be constructed as required by Ordinance and the Public Works Department. 10. That County Sanitation District fees be paid prior to issuance of any building permits. 11. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer, in conjunction with the issuance of the building permit. 12. That employees shall park on -site at all times. 13. That all mechanical equipment shall be screened from view of . adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. That the operator of the laundry facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code; that is, the sound shall be limited to no more than depicted below for the specified time periods: Between hours of Between hours of 7:00 a.m. and 10:00 p.m. I0:00p.m. & 7:00 am Measured at the property line of commercially zoned property: 65 dBA 60 dBA Measured at the property line of residentially zoned property: 60 dBA 50 dBA 14. That the project shall be designed to eliminate light and glare spillage onto adjacent properties or uses. That prior to issuance of a certificate of occupancy, the applicant shall demonstrate to the Planning Department that the exterior lighting system has been designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent properties. That prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement • Division to confirm control of light and glare specified by this 9 INDEX • City of Newport Beach Planning Commission Minutes September 18, 1997 condition of approval. 15. That the storage of materials or supplies outside of the building in the front or at the rear of the property shall be prohibited,with the exception of the required trash container enclosure. 16. That the operator of the facility shall be responsible for the clean- up of all on -site and off -site trash, garbage and litter generated by the use. That the area outside of the establishment, including the public sidewalks or walkways, shall be maintained in a clean and orderly manner. 17. That trash receptacles for patrons shall be conveniently located both inside and outside of the proposed facility, however, not located on or within any public property or right -of -way. 18. That all trash shall be stored within the building or within dumpsters stored within an enclosure, or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except • when being loaded or while being collected by the refuse collection agency. 19. That should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 20. That all signs shall conform to the provisions of Chapter 207 20.43.050N of the Municipal Code. 21. That no temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the proposed establishment, unless specifically permitted. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 22. That a landscape and irrigation plan for the project shall be prepared by the applicant, reviewed and approved by the General Services Department and the Public Works Department, and included with the plans issued in conjunction with the building permit. The landscape plan shall provide at least 50% of the area of the front setbacks and 5% of the exterior paved • parking area as planting area and shall include trees, shrubs and 10 INDEX • City of Newport Beach Planning Commission Minutes September 18, 1997 groundcover. 23. The landscape planters shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in healthy condition. 24. That a resubdivision or lot line adjustment to combine the two lots into one building site shall be approved and recorded prior to issuance of grading or building permits for this project. 25. That Coastal Commission approval shall be obtained prior to issuance of any building permits. 26. 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 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. 27. That this Use Permit shall expire unless exercised within 24 months • from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. 28. That the proposed monument sign shall be relocated on to private property and that the location shall provide site distance in accordance with the city standard 1 101 and as approved by the city traffic engineer SUBJECT: Mixed -Use Districts; Business Hours City of Newport Beach (Continued from August 21, 1997) AmendmentNo.862 An amendment to Chapter 20.60 (Site Regulations) of Title 20 of the Municipal Code to add new Section 20.60.115 which will prohibit businesses located in mixed -use zoning districts from being open for business between hours of 2:00 a.m. and 5:00. Mr. Patrick Alford stated that this amendment affects business in mixed use districts which allow both commercial and residential development, in particular the Specific Plans of Central Balboa, Cannery Village, McFadden Square, Old Newport Boulevard and any commercial district under the R overlay. When this item was last presented, there was proposed language that would prohibit all business from operating • 11 Item No. 3 A No. 862 Denied INDEX • City of Newport Beach Planning Commission Minutes September 18, 1997 between 2:00 a.m. and 5:00 a.m. Further review suggests that a number of land uses that deserve special consideration could operate during these extended hours and still be compatible with the surrounding residential development. Three exceptions are noted for this special consideration: any existing businesses which have operated during extended hours for a minimum of two days per week during the past year. extended hours of operation regulated by a use permit or a special event permit the Planning Director could issue a use permit to allow extended hours for a commercial use with one or more of the following findings: I . use is located adjacent to boundary of mixed use district and is oriented away from the residential areas of the mixed use district. 2. property on which the use is located contains site design and /or development features which mitigate any potential significant adverse impacts to the residential areas of the mixed use district. 3. the use has operational characteristics which preclude any significant adverse impacts • 4. principal clientele of the use are residents of the mixed use district. Commissioner Selich stated he does not understand the need to regulate the hours of operation of the same type of business in a mixed use commercial district that could be two or three lots away from residential use where the rest of the city you could have the some use on an alley where there would be residential uses abutting the use. Why create two sets of regulations for basically the same type of businesses operating in similar circumstances? Ms. Temple stated that this would be useful to be put in place in a limited way where there could be direct different land uses on a single building site as are in the mixed land use districts. This would give the City the opportunityto see what the benefits or challenges of the operation of the ordinance, and depending on that experience, then consideration could be given to expansion of the use of the ordinance with some type of locational or dimensional association with residential districts adjoining commercial properties. It is the intention to start slowly before affecting Corona del Mar, Mariner's Mile and others where there are adjoining residential properties. Commissioner Selich stated that with that approach, why not test the regulations on the properties in the mixed use districts that have mixed uses on them rather than going through the whole district. That is where • the conflict will be if there is one. 12 INDEX City of Newport Beach • Planning Commission Minutes September 18, 1997 Public Comment was opened. Richard Luehrs, President of the Newport Chamber of Commerce speaking on behalf of the Government and Legislative Affairs Committee of the Chamber of Commerce stated that the most important asset a business has next to location is hours. Limiting the hours of operation of a business because of mixed use takes away an asset for that business. The Chamber opposes the taking away of hours of business operations. This application is not an appropriate use of Planning Commission time and exercise of power. Chairperson Kranzley clarified that any existing business is grandfathered and would not fall under the new restrictions and that there can be a review of a new business coming in and, if it satisfies certain criteria, the Planning Directorcould approve it. Staff clarified that only one of the listed characteristics need to be met by a new business to be considered. Public Comment was closed. • Commissioner Selich stated he is opposed to the ordinance in its present form and that it should be limited to mixed use buildings. Adoption of this item would create unequal situations between similar businesses. The use permit should be the process that is used to regulate hours of operation. Chairperson Kranzley stated he supports this ordinance but urges staff to quickly evaluate its effectiveness in order to include other areas. Commissioner Ashley stated that the three hour interval is not of much use to residents. Motion was made by Commissioner Ridgeway to deny Amendment 862 stating that there is already enough regulations in place. With one objection, the motion carried by acclamation with Commissioner Kranzley opposed and Commissioners Adams and Gifford absent. SUBJECT: The Cannery Restaurant (William Hamilton, applicant) 3010 Lafayette Avenue • Use Permit No. 1684 (Amended) • Request to allow a change in the operational characteristics of an 13 INDEX Item No. 4 Use Permit No. 1792 A Continued to 10/9/97 City of Newport Beach • Planning Commission Minutes September 18, 1997 existing restaurant facility to permit the addition of a dance floor on the second floor. Also included in the application is a request to allow the use of amplified sound in conjunction with the permitted live entertainment which is currently prohibited by the conditions of approval of the use permit. Staff recommends that this application be continued to the meeting of October 9, 1997, to allow additional time to address issues related to the change in operational characteristics of the facility and to allow for reposting of the notice of public hearing. Without objection, the motion carried by acclamation with Commissioners Adams and Gifford absent. SUBJECT: Malarky'sIrish Pub (William Hamilton, applicant) 3011 Newport Blvd. • Use Permit No. 1792 (Amended) Request to allow a change in the operational characteristics of an • existing restaurant facility to change the hours of operation to between 7:00 a.m. and 2:00 a.m., daily; where the current conditions of approval limit the use to between 5:00 p.m. and 2:00 a.m., weekdays and 12:00 noon and 2:00 a.m., weekends and holidays. Public Comment was opened. Mr. William Hamilton, 3011 Newport Blvd., owner and applicant stated that this amendment to his use permit is an attempt to address the loss of business due to the re- construction of the bridge, customer requests and, rising prices. The restaurant had been opened and was serving breakfast for many years, but has found that this was in error and against the use permit conditions. He is asking for this change in hours to allow for food services starting at 7:00 a.m. At Commission inquiry, he stated he has read, understands and agrees to the findings and conditions of Use Permit No. 1792 Amended and has no objections. Kathy Tandvig, 252 B, Costa Mesa Street, Costa Mesa spoke in favor of this application. As a worker at Malarkey's she said it is easier for patrons to walk to the restaurant for brunch. Richard Luehers, President of Chamber of Commerce spoke in favor of this application stating that Mr. Hamilton is a well -known businessman in the community. 14 INDEX Item No. 5 Use Permit No. 1792 A Approved City of Newport Beach • Planning Commission Minutes September 18, 1997 Public Comment was closed. Motion was made by Commissioner Ashley to approve Use Permit 1792 Amended based upon the merits of the request. Without objection, the motion carried by acclamation with Commissioners Adams and Gifford absent. Fndinas: 1. That the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail Service Commercial' uses. A restaurant /pub is a permitted use within this designation. 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 1 (Existing • Facilities). 3. That the proposal involves no physical improvements which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. The approval of Use Permit No. 1792 (Amended) 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 for the following reasons: • The proposed hours of operation have been exercised by the facility in the past and did not created any notable police or parking problems. • The increased hours of operation of the facility, on a practical basis, will result in the expansion of the sale of food and beverages with alcohol beverage service incidental to the food service. Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted • below. 15 INDEX • City of Newport Beach Planning Commission Minutes September 18, 1997 2. That all applicable previous conditions of approval of Use Permit No. 1792 and its amendments shall remain in force (dated May 20, 1976), except as noted below. 3. That the hours of operation of the restaurant /pub shall be limited as follows and any increase in the hours of operation shall be subject to the approval of an amendment to this use permit: Hours: Restaurant /Pub Facility: between 7:00 a.m. and 2:00 a.m. daily 4. The existing landscape planters shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in healthy condition. 5. That the operator of the restaurant /pub facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: 6. That the approval is for the continuation of a bar /lounge type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale and service of alcoholic beverages with incidental food service. That the handicap parking space shall be maintained in the existing location at the front of the property, near to the entrance of the establishment. That prior to implementation of this use permit, a revised site plan shall be submitted and approved by the Public Works Department and the Planning Department showing the approved location of the handicap parking space. 8. That no temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the 16 INDEX between the hours of between the hours of 7:00 a.m. and 10:00 10:00 p.m. and 7:00 p.m.; a.m. Measured at the property line of 65 dBA 60 dBA commercially zoned property: Measured at the property line of 60 dBA 50 dBA residentially zoned 6. That the approval is for the continuation of a bar /lounge type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale and service of alcoholic beverages with incidental food service. That the handicap parking space shall be maintained in the existing location at the front of the property, near to the entrance of the establishment. That prior to implementation of this use permit, a revised site plan shall be submitted and approved by the Public Works Department and the Planning Department showing the approved location of the handicap parking space. 8. That no temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the 16 INDEX City of Newport Beach • Planning Commission Minutes September 18, 1997 food establishment, unless specifically permitted. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement.. 9. That should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 10. 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 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. 11. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. SUBJECT: Franklin Realty Animated Copy Sign (Jeffrey Stem, applicant) 3250 East Coast Highway • Exception Permit No. 51 Request for an exception to the Sign Ordinance to allow the replacement of an existing conforming pole sign with a pole sign which contains a marquee type sign with mechanically changeable copy. Applicant has asked to continue this item to the next meeting on October9th, 1997. Without objection, the motion carried by acclamation with Commissioners Adams and Gifford absent. SUBJECT: Administrative Citations Program Discussion of the proposed ordinance to establish an Administrative Citations Program in Title I of the Newport Beach Municipal Code. Mrs. Sharon Wood stated that this item is not for Commission to formally review or make a recommendation on to City Council. But it is of interest 17 INDEX Item No. 6 Exception Permit No. 51 Continued to 10/9/97 Discussion Item City of Newport Beach • Planning Commission Minutes September 18, 1997 to the Commission since it would be applicable to all violations of the Code including violations of conditions of approval that are placed on cases by Commission. The City has experienced difficulty with citations that the court tends to consider minor, which is not then likely to impose a fine or a significant sanction, so the property owners do not take the citations seriously. This proposed program will give the City an opportunity to have a fine schedule to impose when an administrative citation is issued. There is no intent to alter the current practice of notification to the property owner, but, the administrative citation can then be imposed if those initial attempts fail. Commissioner Fuller discussed the posting of the penalty feels) prior to appeal. He suggested that this appears to be unfair. Assistant City Attorney Clauson stated that it is a problem for the City to go through the process, hiring a hearing officer and if upheld, the citizen may still not pay the fine. This is why it is proposed in this manner, the citizen pays the fines up front. A reimbursement time period can be included if the Commission desires since there is one for when the case must be heard. This item is going to the Legislative Committee on September26ih before it goes to City Council. iCommissioner Selich stated he has no concerns with the posting of the penalty fees. This Ordinance will give some teeth to enforce regulations of the City. Commissioners Ashley and Ridgeway agreed and noted that this is long overdue. Discussion continued on the fines and collection thereof and concluded with general support of the proposal. ADDITIONAL BUSINESS: a. City Council Follow -up- Oral report by the Assistant City Manager regarding City Council actions related to planning - Mrs. Wood reported that the City Council initiated the General Plan Amendment for Bonita Village. b.) Oral report by the Planning Director regarding the approval of Accessory Outdoor Dining Permits, Planning Director's Use Permits, Modification Permits and Temporary Use Permits - Accessory Outdoor Dining Permit was issued for 2108'/. West Ocean Front; Modification Permits were issued for 238 Via Graziano, 1525 Serenade Terrace, 2300 Jamboree Road, 3215 Ocean Boulevard, 3000 Ocean Boulevard, 75 Montecito Drive, 2916 Clay Street; . Condominium Conversions were approved for 508 and 508 '/2 18 Additional Business INDEX City of Newport Beach Planning Commission Minutes September 18, 1997 Dahlia Avenue and 123 and 123'/2 301h Street; and Resubdivisions were approved for 1812 East Balboa Avenue and 412 Carnation Avenue. C.) Oral report from Planning Commission's representative to the Economic Development Committee- none. d.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - Chairperson Kranzley asked for a report on the Planning Officials Forum meeting and a discussion of improvements to public notice procedures. Commissioner Fuller asked for a means to address receipt of last minute correspondencejust prior to evening meetings. e.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report- none. f.) Requests for excused absences - none. ADJOURNMENT: 9:15 p.m. THOMAS ASHLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 0 19 INDEX