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HomeMy WebLinkAbout11/05/1998• • 1] CITY OF NEWPORT BEACH Planning Commission Minutes November 5, 1998 Regular Meeting - 7:00 p.m. ROLL CALL Commissioners Adams, Fuller, Ridgeway, Ashley, Selich, Gifford, and Kranzley - Commissioners Kranzley and Ridgeway were excused STAFF PRESENT: Sharon Z. Wood, - Assistant City Manager Patricia L. Temple - Planning Director Robin Clauson, - Assistant City Attorney Rich Edmonston - Transportation and Development Services Manager Ginger Varin - Planning Commission Executive Secretary Javier Garcia - Associate Planner Minutes of October 22, 1998: Motion was made by Commissioner Fuller and voted on, to approve as amended the October22, 1998 Planning Commission Minutes. Ayes: Fuller, Ashley, Selich, Gifford, Adams Noes: None Absent: Ridgeway, Kranzley Abstain: None Public Comments: None Posting of the Aaenda: The Planning Commission Agenda was posted on Friday, October 30, 1998 INDEX Minutes Public Comments Posting of the Agenda • City of Newport Beach Planning Commission Minutes November 5, 1998 SUBJECT: Ward Residence (John E. Wells, Architect) 116 Kings Place • Variance No. 1224 Request to permit an addition to an existing single family residence of which a portion of the new construction exceeds the 24 foot height limit by approximately 11 feet. Motion was made by Commissioner Fuller to remove from calendar Variance No. 1224 as requested by applicant. Ayes: Fuller, Ashley, Selich, Gifford„ Adams Noes: None Absent: Ridgeway, Kranzley Abstain: None SUBJECT: Speedway Restaurant (Jerry King, applicant) 353 East Coast Highway • UP 3598 (Amended) • A request to amend an existing use permit that permitted the establishment of a theme restaurant facility (racecar theme) with incidental alcoholic beverage service. The application includes the following changes in operational characteristics: • allow live entertainment on Friday, Saturday and Holidays; • permit dancing in conjunction with a limited number of special events. Also requested is an amendment to Accessory Outdoor Dining Permit No. 35 to extend the hours of operation of the existing outdoor dining area from closing at 10:00 p.m. to closing at 12 midnight, Sunday through Thursday. Motion was made by Commissioner Fuller to continue Use Permit No. 3598 A to November 19, 1998 as requested by applicant. Ayes: Fuller, Ashley, Selich, Gifford, Adams Noes: None Absent: Ridgeway, Kranzley Abstain: None E INDEX Item No. 1 Variance No. 1224 Removed from calendar Item No. 2 UP No. 3598 A Continued to 11/19/1998 • City of Newport Beach Planning Commission Minutes November 5, 1998 SUBJECT: Windows on the Bay Restaurant (Scott Shuttleworth, applicant) 2241 West Coast Highway • Use Permit 3293 (Amended) Review (6- month) of City Council action with regard to compliance with conditions of approval imposed on February 23, 1998 Commissioner Adams recused himself from deliberation on this item as a partner in the restaurant hosted a party for Commissioner Adams' campaign. Planning Director, Patricia Temple, noted an additional letter distributed to the Commission this evening. This letter is from a resident on Lido Isle explaining and indicating a number of complaints relating to the noise and the operation of the patio. Staff had contacted the Police Department during the time of the report preparation and was told that there had been no reports of problems. Given the nature of this letter and the particulars contained within it, staff can not tell the Commission that the Police Department actually ran a computer check of the complaint record. • Commissioner Ashley asked about an audible recording of sounds being released from the restaurant being measured prior to Commission action. Ms. Temple noted that subsequent to the approval of this application, the City Council had a committee study the issue of restaurants on the bay. That committee has made recommendations for particular studies and conditions of approval. However, this particular restaurant was approved prior to those processes and procedures being adopted. Since this is a review of the Use Permit, it is possible to add a requirementto conduct such a study. Assistant City Manager, Sharon Wood noted that the reason that the review was set for the time it was, was to insure that summer time activitywas included. If the measurementwas added as a requirement now, Commission may want to wait until next summer to have the noise study done, as it might not be as indicative this time of the year. Chairperson Selich noted his reluctance to complete the review of this Use Permitwithouta full reportfrom the Police Department particularly in light of this information on complaints. H suggested that the Commission should continue this for one meeting to get a police report for the Commission to review. Commissioner Gifford stated that if the Commission continues this item, it should be determined to extend the review period after Christmas. Commission would have the police report by then, and it means the applicant would not have to come back in right away. 1 I.Ir71 Item No. 3 UP 3293 A Continued to 11/19/1998 • City of Newport Beach Planning Commission Minutes November 5, 1998 Public comment was opened. Mr. Rush Hill, speaking for the applicant noted the following: The impact of Condition 31 - Glass door shall be installed on the patio if permissible pursuant to the ADA Act. Building Department has established and verified that it is not possible to install a glass door on the patio and comply with the ADA. Three alternatives have been presented to Commission forevaluation. Alternative No. 1 leaves the applicant vulnerable to civil suit because the civil rules and regulations remain in place even though the Building Departmentwould give the exception. Alternative No. 2 to extend the glass enclosure all the way down the side of the building and eliminating the necessity of the door would avoid any ADA issue; however, it is a cantilevered deck. In order to install a glass wall on that deck, the building would have to be re- engineered. This does not seem to be logical. Alternative No. 3 to determine that the glass door and wall are not • feasible since it cannot be installed in compliance with ADA requirements in the location envisioned by the condition. City Council said a door shall be installed if permissible via ADA. Therefore the door can not be installed. • The applicant has not had any complaints reported by the Police Department. In conclusion, Mr. Hill noted that part of this application would be back in July for further review. At that time, any police reports can be compiled. He asked that Commission stop the agony that this operator continues to go through and approve the application. Commissioner Gifford stated that in terms of the day to day activities, these conditions have not affected the applicant, what is meant in terms of hardship on the owner by extending this review? Mr. Hill answered explained: • The energy used to prepare himself to come here. • Dealing with complaints that are not valid, nor real. • The initial requirement of closing the patio, has reduced gross revenue $7,000 per week. • The restaurant is attempting to comply and operate in the most efficient and profitable manner they can. • The operator is very upset. . Chairperson Selich stated that it seems that the last time around on this item, 4 I'll I74:1 • City of Newport Beach Planning Commission Minutes November 5, 1998 that out of the two potential solutions that came about, the best solution came out of the Planning Commission. In the long run, the applicant would be better served by a well reasoned and supported decision coming out of the Commission than something that comes out that does not have all the documentation behind it that may make it challengable up to the Council. Mr. Hill noted that today was to be a step that would take the application to July for final review, and now to have to come back again, if that is our only alternative, than so be it. Commissioner Ashley noted the following: • There is no belief that the operation was not in compliance with Conditions 8 and 9 of the Use Permit that was awarded. • Commission does not have an official statement from the Police Department whether there have been any calls regarding the nuisance ofsound. • If the Police Department come back and said there have been numerous occasions where sound and noise were problematic, then it would no longer be just a matter of compliance with 24 and 31. • Commission would have to reconsider the restaurant operation as out of • compliance with other conditions. • It would be premature to act tonight without anything official from the Police Department. • You would be better served to allow us to get that documentation. Mr. Scot Shuttleworth, owner and operator of Windows on the Bay noted that following: • It has been two years since this operation has come to the Commission. • There have been numerous reports, documentation and commentary that the Commission has used to come up with a list of numerous conditions that have been imposed on the operation. • We agreed to all of those conditions and they have been enacted. • The Use Permit then went to City Council that involved additional conditions resulting in 38 conditions in total. • Sound tests have already been done and it was found that the restaurant was in compliance. Commissioner Gifford noted the standard condition that states that if the owner /operatorof the business is not in compliance the permit can be revoked at any time and can be called up. We Understand the frustration, but you are not going to be doing anything less if this was passed tonight in terms of the day to day operation. If we can make this determination on a factual basis with an actual report from the Police Department that there have not been complaints, it seems Commissionwould be able to make a true determination. INDEX . City of Newport Beach Planning Commission Minutes November 5, 1998 n U • Public comment was Motion was made by Commissioner Ashley to continue Use Permit 3293 A in order to have a police report submitted to Commission for review on November 19, 1998. Substitute Motion was made by Commissioner Fuller to approve Use Permit 3293 A with Condition 24 Alternative 2 and Condition 31, Alternative 3 as staff and Commission have researched this issue. Commissioner Gifford noted that it is the Commission's obligation to have a definite, written report from the Police Department. Chairperson Selich concurring with Commissioners Gifford and Ashley noted that the long term best interest is best served by a short one meeting continuance to get this item on the record with whatever record of complaints there is. In the past, the Commission has demonstrated its sensitivity and concern over this project and has acted responsibly. To make a decision without verification of this late letter (that has put Commission at a distinct disadvantage), it is in the best long -term interest of Windows that Commission has a well - reasoned and documented decision. Commissioner Ashley noted to Mr. Shuttleworth that the Commission is proud of the restaurant operation and the Commission is not an adversary. This has been proven in the past. The Commission just wants to see what the police report is. What was said tonight by yourself and Mr. Hill will hopefully be confirmed by the police report and as a result you can come back quite relaxed. Substitute Motion was voted on and failed. Ayes: Fuller Noes: Ashley, Selich, Gifford Absent. Ridgeway, Kranzley Abstain: Adams Motion voted on and approved. Ayes: Ashley, Selich, Gifford Noes: Fuller Absent: Ridgeway, Kranzley Abstain: Adams r�r ITIT1110 . City of Newport Beach Planning Commission Minutes November 5, 1998 511 Canal Street Rezone (Public Hearing) # Amendment 881 To amend Districting Map No. 1 to change the zoning district classification of 511 Canal Street from Open Space Passive (OS -P) to Open Space Active (OS- A). Public comment was opened and then closed. Motion was made by Commissioner Gifford to adopt Resolution Number 1480, recommendingto the City Council approval of Amendment881. Ayes: Fuller, Ashley, Selich, Gifford, Adams, Noes: None Absent: Ridgeway, Kranzley Abstain : None SUBJECT: Revised Street Name for Bonita Canyon Planned • Community Area (Final Tract No. 15478). Public Comment was opened and closed. Motion was made by Commissioner Gifford to adopt Resolution Number 1481, changing street name "Seabridge" to Seabluff" in the Bonita Canyon Planned Community Area (Final Tract No. 15478). Ayes: Fuller, Ashley, Selich, Gifford, Adams Noes: None Absent: Ridgeway, Kra nzley Abstain: None # ## SUBJECT: Interpretation of Zoning Code Regarding Appropriatenessof Use Permitfor Custom Car Service in the APF District Determine whether the use qualifies as accessory and ancillary to the principal use, and is an appropriate use to be considered for a use permit. Public comment was opened. Greg Watkins, representing the owner of Brabus Automotive presented • catalogues to Commission. He stated that Brabus is an automotive company I1l0l# 1 Item No. 4 Amendment No. 881 Item No. 5 FT No. 15478 Item No. b Discussion only • City of Newport Beach Planning Commission Minutes November 5, 1998 that specializes in customizing Mercedes Benz automobiles. This project will be the North America headquarters resulting in approximately 20 million dollars worth of business during their first year. The location of the show room on Campus Drive is across the airport and would be used by their customers for transportation. The shop area is intended for both interior and engine modifications. Assistant City Manager Sharon Wood, at Commission inquiry, noted that this is not a public hearing as there is not a use permit application. Staff is asking for a determination whether this kind of use qualifies as something that could apply for a use permit. Public comment was closed. Commissioner Adams noted that he as comfortable with this use. Chairperson Selich added he is also comfortable with this type of use and that he knows about this company and its worldwide reputation. Motion was made by Commissioner Gifford that the Commission determine • that the use qualifies as accessory and ancillary to the principal use, and is an appropriate use to be considered for a use permit. Ayes: Fuller, Ashley, Selich, Gifford, Adams Noes: None Absent: Ridgeway, Kranzley Abstain: None 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 General Plan 98 -3 was initiated. b.) Oral report from Planning Commission's representative to the Economic Development Committee - Chairperson Selich reported that the subcommittees are still working on the issues in their area of interest. C.) Matters which a Planning Commissionerwould like staff to report on at a subsequent meeting - Chairperson Selich introduced a petition signed by Corona del Mar residents regarding the issue of new construction that is three stories high. He presented Commission members with copies of photos and the petition. Following a brief discussion, Commission requested staff to bring this matter back on agenda for INDEX Additional Business • City of Newport Beach Planning Commission Minutes November S, 1998 d.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - Commissioner Fuller asked about the December loth meeting and noted the night for the Christmas gathering as the 17th to be held at CommissionerSelich's home. e.) Requests for excused absences- none. ADJOURNMENT. 8:00 p.m. RICHARD FULLER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION L J 40 INDEX Adjoumment