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HomeMy WebLinkAboutAnthonys River Boat Restaurant 151 E Coast -UP3684CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 March 3, 2005 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner rung(Mcity.newport- beach. ca.us (949) 644 -3208 SUBJECT: Review of Use Permit No. 3684 151 E. Coast Highway APPLICANT: Newport Beach Planning Department BACKGROUND On May 4, 1995, the Planning Commission approved Use Permit No. 3551 to allow the establishment of a nautical museum in a floating restaurant structure formerly occupied by Charley Brown's Restaurant. The facility includes exhibit space, meeting and library areas, a gift shop and a cafe with on -sale beer and wine. The approval included live entertainment, dancing, and the sales of alcoholic beverages in conjunction with various museum functions, weddings, and private parties. The hours of operation are from 7:00 a.m. to 11:00 p.m. Sunday through Thursday, and from 7:00 a.m. to 12:00 midnight Fridays and Saturdays. The minutes from the May 4, 1995 meeting with conditions of approval are attached as Exhibit 1. On June 7, 2001, the Planning Commission approved Use Permit No. 3684 to allow the use of the stem and bow decks on the third level of the structure for outdoor dining and banquet events and the interior of the third level for dining and banquets with non- amplified music. The Use Pen-nit also permitted a holiday event period during the month of December where outdoor dining is allowed on the bow deck closest to Linda Isle. At other times, the use of the bow deck was limited to a buffet table with a privacy screen. The stern deck that faces Coast Highway was permitted to have outdoor dining. The staff report and minutes from this approval are attached as Exhibit No. 2. The April 5, 2001 staff report with background information is attached as Exhibit No. 3. Anthony's Riverboat Restaurant March 3, 2005 Page 2 of 4 0 MAP I ;o. Review of Use Permit No. 3684 Current Development Newport Harbor Nautical Museum & Anthony's Riverboat Restaurant To the north: Coast Highway To the south: Residential developments Linda Isle To the east: Commercial developments Restaurants To the west: Ntwp2rt Bay and residential development Anthony's Riverboat Restaurant March 3, 2005 Page 3 of 4 On February 7, 2002, the Planning Commission conducted a review of operations pursuant to Condition No. 31 of Use Permit No. 3684. The staff report and minutes from the February 7, 2002 meeting are attached as Exhibit No. 4. At the same hearing, the Planning Commission voted to extend the review for another year (January 2003) in order for staff to properly evaluate the effectiveness of the operating conditions. The January 2003 review was inadvertently omitted. DISCUSSION The restaurant currently operates from 11:00 a.m. to 9:00 p.m. Wednesday through Sunday, and 11:00 a.m. to 11:00 p.m. Friday and Saturday. The restaurant is under the same operator, Mr. Anthony Pesci and there have been no substantial changes in the business operation. Presently, the operator uses the interior of the third level (Texas Deck) for a lunch function every Thursday where the occupancy necessitates a buffet table to be erected outside. The restaurant operator has been erecting the buffet table on the stern deck as opposed to the bow deck. No outdoor seating is provided on the stem deck during this time. The bow deck has not been utilized for outdoor dining by the restaurant within the last two years according to the restaurant operator. The museum, however, has the overall control of the entire facility and often uses the third level including the stem and bow decks for functions and activities. Dining and banquet events conducted outside the restaurant located on the main level are reserved through the museum with the operator often being the caterer for these events. Staff contacted Code Enforcement staff and the Police Department regarding the operation, and during the last two years, no complaints were filed by nearby residents. Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to nearby residents of Linda Isle and Bayshores and posted at the site 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. RECOMMENDATION Staff recommends that the Planning Commission take public testimony and determine appropriate action. All information at this point leads staff to conclude that the use has been operating in a non - detrimental fashion. If the testimony from residents supports this conclusion, staff recommends no changes to the conditions of approval with the exception of Condition No. 31; staff recommends that this condition be removed. Should the testimony from residents contradict the recommended action, staff suggests that the Planning Commission consider potential changes to the conditions or Anthony's Riverboat Restaurant March 3, 2005 Page 4 of 4 operational character to alleviate any concerns uncovered during the hearing. Additionally, Condition No. 31 can be extended to require another review of the operation in the future. Prepared by: Submitted by: Ro alinh M. Ung, As late Planner Exhibits: L( Patricia L. Temple, Planning Director 1. Planning Commission Minutes from the May 4, 1995 meeting 2. Planning Commission Staff Report and Minutes from the June 7, 2001 meeting 3. Planning Commission Staff Report from the April 5, 2001 meeting 4. Planning Commission Staff Report and Minutes from the February 7, 2002 meeting 5. Letter from the restaurant operator dated February 8t', 2005 EXHIBIT 1 PLANNING COMMISSION MINUTES FROM MAY 4, 1995 MEETING t) COMMISSIONERS 9 /A�c� 9 l F`O CITY OF NEWPORT BEACH MINUTES May 4, 1995 ROLL CALL INDEX mum of one parking space for eac 41sq square feet o public area" (62 spaces) shall be provided during the Sat day daytime operation of the restaurant, and one parking spat or each 40 square feet of "net public area" (64 spaces) for all er hours of the restaurant's operation. 6. That the development standards pertai ' g to a portion of the required parking spaces (30 daytim arking spaces during the week) walls, utilities, parking lot i urination, and landscaping„ are waived. 7. That the Planning Co 'ssion may add or modify conditions of approval to the u ermit, or recommend to the City Council the revocation of is use permit, upon a determination that the operation ch is the subject of this use permit, causes injury, or is detrim al to the health, safety, peace, morals, comfort or general we a of the community. 8. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No. 3551 (Continued Public Hearing) Item No. UP3551 Request to permit the establishment of a nautical museum in a floating structure currently occupied by Charley Brown's Restaurant, where the related off - street parking area is located in the RMC -H District. The Approved proposed facility will include exhibit space, a meeting area, a library, a gift store and a cafe with on -sale beer and wine on the floating structure, with related off - street parking on the adjoining upland parcel. The proposal also includes a request to permit live entertainment, dancing, and alcoholic beverages for various museum functions, weddings, and other private parties. LOCATION: Lot A , Tract No. 5361, Parcel 4 of Parcel Map 93 -111 (Resubdivision No. 995) and a portion of Block 54 of Irvine's Subdivision, located at 151 -10- . COMMISSIONERS r' MINUTES CITY OF NEWPORT BEACH May 4. 1995 ROLL CALL INDEX Fast Coast High" on the sou er y si e o Coast Highway, between the Bay Bridge and Bayside Drive. ZONE: RMC APPLICANT: Newport Harbor Nautical Museum, Irvine OWNER: The Irvine Company, Newport Beach William R Laycock, Current Planning Manager, suggested that Condition No. 2, Exhibit "A ", be revised to state That the "net public area" of the restaurant shall not exceed Z 000 square feet and the outdoor area shall not be utilized for dining, seating, foot or beverage service. Any increase in the size of the restauram(cafe) portion of the facility shall require an amendment to this use permit. Inasmuch as Conditions No. 9 and 13 are basically the same concerning outdoor trash containers, he suggested that Condition No. 13 be deleted. He said that the museum requested that the hours of operation be from 10:00 a.m. to 6:00 p.m. and the restaurant[ cafe) be open from 7:00 a.m. to 5:00 p.m.; however, he suggested that the Planning Commission consider the fact that under certain conditions the museum may be open later than the foregoing hours. In reference to Condition No. 23, Exhibit "A ", Mr. Laycock stated that if there would be problems concerning the museum the Planning Commission could call up the use permit for review. In response to a question posed by Commissioner Adams, Mr. Laycock replied that the previous restaurant was permitted to be open until 2:00 a.m. In response to questions posed by Commissioner Brown cnnceming Condition No. 16, Exhibit "A ', regarding dancing and live entertainment, James Hewicker, Planning Director, explained that the Cafe Dance Permit allows dancing in conjunction with the operation of the museum or the restaurant. Commissioner Brown, Chairman Gifford, and Director Hewicker addressed the proposed hours of operation and the neighbors' concems regarding the museum's activities. -11- Mc F41 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES May 4, 1995 ROLL CALL INDEX The public nearing p Gronsky, 114 - 25th Street, appeared before the Planning Commission as President of the Museum. Commissioner Pomeroy asked Mr. Gronsky if he would be agreeable with the hours of operation from 7:00 am. to 11:00 p.m. Sunday through Thursday, and from 7:00 a.m. to 12:00 midnight Fridays and Saturdays. Mr. Gronsky concurred with the suggested hours of operation. In response to a question posed by Commissioner Ridgeway, I& William Blurock, 2300 Newport Boulevard, appeared before the Planning Commission. Mr. Blurock explained that the owners of the Reuben E. Lee Restaurant have so far denied their request to use the restaurant's name. In response to a question posed by Commissioner Di Sano, Mr. Blurock explained that the existing museum is located on City property. There being no others desiring to appear and be heard, the public hearing was closed at this time. �tion * Motion was made to approve Use Permit No. 3551 subject to the findings and conditions in Exhibit "A ", modifying Condition No. 2, delete Condition No. 13, and add a new Condition No. 13 stating That the hours of operation shall be from 7:00 a.m. to 11:00 p.m. Sunday through Thursday, and from 7:00 a.m. to 12:00 midnight on Fridays and Saturdays. Commissioner Brown concurred with the use on the subject property. Chairman Gifford complimented the museum and the accomplishments that the members made to bring the museum to the subject site. .1 Ayes Motion was voted on, MOTION CARRIED. Finding s: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with the surrounding land uses. -12- COMMISSIONERS A s ��Fto CITY OF NEWPORT BEACH MINUTES May 4, 1995 ROLL CALL INDEX 2. That the design ot the proposed improvements will not con w with any easements acquired by the public at large for access through or use of property within the proposed development. 3. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 4. That adequate off - street parking and related vehicular circulation are provided in conjunction with the existing marina office, the existing neighboring restaurant and the proposed museum/cafe facilities. 5. That the waiver of the development standards as they pertain to walls, parking lot illumination, and landscaping will not be detrimental to adjoining properties, given the existing physical characteristics of the site. 6. That the approval of Use Permit No. 3551 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. Conditions: 1. That development shall be in substantial conformance with the approved site plan and floor plans. 2. That the "net public area" of the restaurant shall not exceed 2,006 square feet and the outdoor area shall not be utilized for dining, seating, food or beverage service. Any increase in the size of the restaurant/cafe portion of the facility shall require an amendment to this use permit. 3. That the sale of alcoholic beverages shall be permitted in accordance with provisions of California Alcoholic Beverage Control Board. -13- a COMMISSIONERS 9\\09, CITY OF NEWPORT BEACH MINUTES Mau 4 1005 ROLL CALL INDEX 4. That a minimum of 94 parking spaces shall be provided on -site for the proposed facility: 50 spaces (one space for each 40 sq.ft. of "net public area") during the operation of the cafe facility and 44 spaces (one space for each 250 sq.ft. of gross floor area) during the operation of the museum facility. 5. 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. 6. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 7. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 8. That no temporary "sandwich" signs shall be permitted, either on- site or off-site, to advertise the restaurant facility. 9. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining properties. 10. That all improvements be constructed as required by Ordinance and the Public Works Department, 11. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self- parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 12. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. -14- lb COMMISSIONERS 9\ �'PrcT T CITY OF NEWPORT BEACH MINUTES May 4, 1995 ROLL CALL INDEX t the hours ot operation shall be trorn a.m. to p.m. Sunday through Thursday, and from 7:00 a.m. to 12:00 midnight Fridays and Saturdays. 14. That the development standards as they pertain to walls, landscaping and parking lot illumination shall be waived. 15. That Coastal Commission approval shall be obtained prior to the implementation of the proposed museum and cafe facilities. 16. That dancing and live entertainment shall be permitted in conjunction with the museum or cafe, in accordance with a Cafe Dance Permit and Entertainment Permit issued by the Revenue Manager in accordance with Chapter 5 of the Newport Beach Municipal Code. 17. That all employees shall park their automobiles on -site. 18. That the noise from the proposed museum and cafe shall be confined to the interior of the structure. 19. That no amplified outdoor sound system, loudspeakers or paging system shall be permitted in conjunction with the facility, nor shall amplified sound be permitted to emanate from the interior of the structure. 20. That the use of air horns, whistles, bells, and other noise making equipment or devices shall be prohibited. 21. That any exterior lighting shall be designed to eliminate light and glare spillage on adjacent residential properties. 22. That the facility shall comply with the Uniform Building Code, Fire Code and related handicap accessibility requirements, and shall be approved by the Building Department and the Fire Department. 23. 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 -15- COMMISSIONERS A CITY OF NEWPORT BEACH MINUTES May 4, 1995 ROLL CALL INDEX opera ion Wruch is tFe subject of s amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 24. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. *sr se Permit No. 3442 Amended lic Hearin Item No. Requ t to change the operational characteristics of a previously approved UP3442A use pe it which permitted the establishment of a full service restaurant with on -s alcoholic beverages, valet parking, live entertainment and Approved dancing so to allow for the use of a second floor banquet room for special events, 'es, wedding receptions and similar functions. The request also mclu the use of the outdoor dining deck on the second floor level for additio dining in conjunction with special events and on a daily basis as weather ts; and a request to waive a portion of the required offstreet parking s ces. LOCATION: A Porti of Lot 170, Block 2, Irvine's Subdivision, cated at 3333 West Coast Highway, on the southe side of West Coast Highway, between Newp Boulevard and Riverside Avenue in Mariner's le. ZONE: SP -5 APPLICANT: Bistro 201, Newport Beach OWNER: Haseko -Dunn Inc., Los Angeles James Hewicker, Planning Director, referred to a letter that was tten by the Police Department to the Alcoholic Beverage Control, an he commented that the Police Department's recommended conditions w e incorporated in Exhibit "A ". The applicant informed the ABC that they -1.6- )0— EXHIBIT 2 PLANNING COMMISSION STAFF REPORT & MINUTES 13 FROM JUNE 7, 2001 MEETING �EW>oR,e CITY OF NE,,.._': RT BEACH Hearik.,,:u .Ae- June 7, 2001 PLANNING DEPARTMENT Agenda Item: 2 5 _ 3300 NEWPORT BOULEVARD Staff Person: James Campbell . a ' NEWPORT BEACH, CA 92658 6443210 (949) 644 -3200; FAX (949) 644 -3250 Appeal Period: 14 days REPORT TO THE PLANNING COMMISSION PROJECT: Newport Riverboat Restaurant FILE COPY 151 East Coast Highway (Anthony Pesci and Cheryl L. Minemier, applicants) PURPOSE OF APPLICATION: A request to permit the use of the third level exterior decks in conjunction with the operation of an existing full- service restaurant/museum facility. The specific request includes: use of the bow deck adjacent to a banquet/meeting room and the stem deck for limited activity and use. ACTION: Hold a public hearing, approve, modify or deny Use Permit No. 3684. GENERAL PLAN & ZONE: RMC, Recreation, Marine Commercial OWNER: Newport Harbor Nautical Museum, Newport Beach Introduction On February 8, 2001, the Planning Commission considered a request by the Newport Riverboat Restaurant to have outdoor dining on the bow and stern decks of the third level floating restaurant/museum. The Commission acted to continue the request to August 9, 2001 and extended a temporary Use Permit permitting the activity subject to additional conditions. On February 20, 2001, the Linda Isle Community Association filed an appeal of the Planning Commission's action. On Marsh 13, 2001, prior to the City Council hearing, staff received notification that the applicant and operator had changed and that the new owners desired to amend the application. The City Council referred the item back to the Planning Commission due to the changed project. The item has been continued several times as the new applicant has been meeting with Linda Isle residents and staff in an attempt to resolve issues related to the use of the third level of the Riverboat for dining, banquets and special events. Discussion The requested use of the third level and exterior decks has been reduced from previous reports. Outside dining is only requested for the stern deck and no dining is requested for the bow deck except for a "Holiday Event Period" (December I" through January 5s' of each year). The only organized activity proposed for the bow deck is the use of a portion of the deck for a buffet table. A temporary canvas screen wall will be erected that will provide a visual barrier between the buffet table area and nearby residents. No bar, seating or tables would be placed or used on the bow deck although these activities would potentially occur on the stern deck. The applicant does not wish to construct the previously required 6 -foot high Plexiglas wall as the reduced use of the deck proposed does not justify the expense of installation. Hours of Operation Use of the "Texas Deck" and both exterior decks will be limited to IOAM to I OPM daily. These hours L: t would aI §o a"Dply to the Holiday Event Period described below. Music Non - amplified music is only requested for the interior of the structure and would cease at 8:30PM during the week and cease at 10:OOPM Friday and Saturday. Additionally, the applicant will limit music to 25 events per year. Lighting The applicant does not propose to light the bow deck. Staff has anticipated a potential need to light the stern deck as dining may occur there during the evening. A condition of approval that ensures that the lighting will not impact surrounding uses has been included. Privacy Since the use of the bow deck for seating has been eliminated, and the applicant will erecting a visual barrier between any use of the deck and patrons, loss of privacy experienced by nearby residents will be minimized. Holiday Event Period The applicant has identified a need to use the exterior box deck for dining, banquets and events during the end of year holiday period. This period would start December 0 and conclude January 5`s of each year. The applicant requests permission to erect a tent or similar structure with clear vinyl siding over the deck and use the area for dining, banquets and holiday party events. As noted previously, the hours of operation during this period would remain the same (10:00AM to 10:OOPM daily). No exterior music, dancing or live entertainment is proposed for this activity. With the inclusion of this Holiday Event Period within the Use Permit, no annual Special Event Permit will be required. Similar usage outside of this time period or the inclusion of live entertainment or music on the exterior decks will require a Special Events Permit. Recommendation Staff believes that the reduced operating characteristics proposed by the applicant, which have been developed in a cooperative effort with Linda Isle residents, will ensure that the use will not prove detrimental to surrounding uses. Therefore, staff recommends that the Planning Commission approve Use Permit No, 3681 by adopting the findings and conditions of approval contained in Exhibit No. 1. Use Permit No. 3684 June 7, 2001 Page.e � � The Planning Commission has the option to permit the proposed activity on a temporary basis for a limited period of time in order to monitor the effectiveness of the limitations on the use. The Planning Commission also has the option to deny the project by making the findings attached as Exhibit No. 2. Submitted by: PATRICIA L. TEMPLE Pl wring Director Exhibits 1. 2. Prepared by: JAMES CAMPBELL Senior Planner f, Use Permit No. 3684 June 7, 2001 Page3� � y City of Newport Beach Planning Commission Minutes June 7, 2001 30. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 31. Public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 32. The on -site parking, vehicular circulation and related structures shall conform to the requirements of the Uniform Building Code. 33. Prior to the issuance of building permits, the applicant shall demonstrate, to the satisfaction of the City of Newport Beach Fire Department, that all buildings shall be equipped with fire suppression systems. 34. 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. 35. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 36. The mitigation measures identified in the approved Mitigated Negative Declaration as part of Use Permit No. 3681, are required as part of and incorporated herein as a condition of approval and shall be implemented and completed prior to final occupancy of any building for the proposed use. SUBJE T: Newport Riverboat Restaurant 151 East Coast Highway (Continued from 05- 17 -01) • Use Permit No. 3684 A request to permit outdoor dining in conjunction with the operation of an existing full- service restaurant /museum facility. The specific request includes; use of the bow and stem decks for Saturday and Sunday brunch; use of the bow deck adjacent to the Texas room in conjunction with a specified number of annual special events and private parties, and no outdoor music is proposed. Public comment was opened. Mr. Anthony Pesci, 19 Skygate, Aliso Viejo, at Commission inquiry, stated he understands and agrees to the findings and conditions of Use Permit No. 3684. Steve Sheldon, 695 Town Center Drive, Suite 410, Costa Mesa, attorney 13 `I.17�:1 Item No. 2 Use Permit No. 3684 �1 City of Newport Beach Planning Commission Minutes June 7.2001 INDEX representing various homeowners on Linda Isle regarding this project. He stated that after the City Council had remanded this matter back to the Planning Commission, he had an opportunity to work with the applicant to work out issues that the homeowners had with this application. He stated that the following items have been discussed with the applicant and asked that these be incorporated: • Condition 4 regarding ropes to be used at all times to prohibit activity on the bow deck and signed with, 'no entry' as well as when there is activity on the third floor of the boat. • An additional condition regarding signage over the double doors from the Texas room to the bow deck stating, 'emergency exit only' and 'doors to remain closed during business hours'. + No music allowed outside during special events even with Special Event Permits along with no activity on the bow deck. This is distinguished from the December to January timefrome when the applicant puts a tarp /tent up and has activity on the bow deck. • Limit the temporary use permit to January 30, 2002. Mr. Sheldon clarified that when the Texas room is being used, if it is less than 6D people, the canvas does not go up. When the canvas is up, the ropes automatically go up as well. When the canvas does not go up, we would like to have the ropes also go up to prohibit activity on the bow deck. Staff agreed that these additional items pose no problems. Mr. Sheldon noted that the Special Event Permit allows for a canvas to be put up and a buffet table to be put up, but not for tables to be put outside for dining activity. We want to be sure that the activity allowed during the Christmas holiday, tables and parties outside, is not extended to the Special Event Permit aspect, which is during the non - holiday time. Commissioner Kiser noted that condition 27 has to deal with live entertainment to be confined to the interior of the restaurant. Condition 7 allows music permitted within the interior of the Texas Deck. Is this to do with the restaurant downstairs, or the enclosed portion of the Texas Deck? Mr. Sheldon answered that there is no live entertainment allowed on the Texas Deck and the language of condition 27 applies to the restaurant downstairs. Following a brief discussion, it was decided to add language to condition 7, '...Any music or live entertainment ...' and to condition 27, '....and amplified music. Mr. Sheldon added that condition 7 should be modified so that no music or live entertainment shall be permitted on either the bow or stem decks. Wayne Egeleston, Executive Director of Newport Harbor Nautical Museum at 14 Iq City of Newport Beach Planning Commission Minutes June 7.2001 INDEX 151 East Coast Highway noted his endorsement of the proposal as written. He added that there never was any intent to have music on either the stern deck or the bow deck even with a Special Events Permit. We agree that ropes should be put from the building to the railing to encourage people to go to the stem deck for smoking, etc. We agree to a temporary use if the Planning Commission desires. We ask that condition 22 be clarified to refer to Texas Deck wiihout a Special Events Permit. In conclusion, he noted that the neighbors and he have worked very hard on this application. Commissioner Kranzley noted that the additional restriction on condition 27 is not something he would support. As a member of an organization that uses the restaurant, a microphone system is necessary to hear what is going on. Even With the windows open that do not face the narrowest portion of the channel, a speaker's voice on a microphone is not going to impact the neighbors. I concur about the live entertainment issue. Mr. Sheldon noted the support of the applicant's request for dancing in condition 22 and recognized the spirit of compromise on working out the issues. Mr. Pesci noted his agreement to all the suggestions made. Public comment was closed. Chairperson Selich asked why a separate use permit was not done for the upper decks? He was answered that from a departmental operation standpoint it is best to amend the existing use permit. Motion was made by Chairperson Selich to approve Use Permit No. 3684 with the findings and conditions in Exhibit 1 with the following changes: • Add suggested condition on roping off the upper deck area. • Add a condition on signing the doors to be closed. • Condition 22 be modified to refer to Texas Deck only. • Add a condition on the Special Events Permit that there be no music or activity permitted on the bow or stern decks. • The Use Permit come back to the Planning Commission for review 01/30/2002 for only those conditions related to the operations of the bow and stern deck. Commissioner Kiser noted that condition 18 should be stricken as it duplicates condition 2. The approved site plan and floor plan was attached to a previous staff report and has not changed. Condition 7 add, or live entertainment. Condition 26 add, and amplified music. The maker of the motion accepted these amendments to the motion. 15 t� City of Newport Beach Planning Commission Minutes June 7, 2001 INDEX Ayes: McDaniel, Kiser, Agajanian, Selich, Kranzley, Tucker Noes: None Abstain: Gifford EXHIBIT NO. l FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 36&4 Findings: 2. The Land Use Bement of the General Plan and the Local Coastal Program Land Use Plan designates the site for "Recreation and Marine Commercial' land use; and the existing restaurant is a permitted use within this designation. 3. 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 Fac7ties). 4. The approval of Use Permit No. 3684, 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, and would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reasons: a. The proposed use of the 'Texas Deck" and exterior deck area is limited and controlled to reduce general activity, noise and lighting by the conditions of approval. These conditions and restrictions should mitigate adverse impacts to nearby residences. b. The existing on -site parking and circulation system is adequate to accommodate the proposed exterior areas and are not located so as to result in a reduction of existing parking spaces. c. The proposal will not add a new liquor license to an over - concentrated area, providing only for the operational change of an existing restaurant with an existing alcoholic beverage license. d. The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. Conditions: 1. Development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 16 Imb ruld City of Newport Beach Planning Commission Minutes June 7, 2001 2. All conditions of Use Permit No. 3551 shall remain in effect, except as related to the use of the third level. 3. Use of the exterior bow deck shall be limited to the erection and use of a buffet table when a function inside "the Texas Deck' exceeds 60 people. No table service shall be permitted whatsoever on the exterior bow deck except as permitted during the Holiday Event Period (December 15t through and January 5m of each year). Service of food and beverages, table service and seating may be permitted on the exterior stem deck. 4. When an event requires the erection of a buffet table on the exterior bow deck, a 6 -foot high canvas visual barrier shall be erected and maintained a in a semicircular manner around the buffet table between the buffet table area and nearby residences. Restaurant management shall make reasonable efforts to keep the exterior doors of the'Texas Deck" (third floor banquet room) closed after the service of food is completed. Appropriate signs will be placed indicating that bar service (if provided) or table seating (if provided) is located on the exterior stem deck. A rope shall be placed at the canvas openings to direct customers to stern and away from bow area. The location of the canvas screen, ropes shall be subject to the review and prior approval by the by the Fire Department. Under no circumstances shall the canvas screen or ropes restrict fire safety or exiting requirements as determined by the Fire Department. The canvas screen shall be made of a fire resistive material approved by the Fire Department. 5. The erection and use of a bar or the service of beverages, including alcoholic beverages, shall be prohibited on the bow deck. The erection and use of a bar or the service of beverages, including alcoholic beverages, may be permitted on stem deck (nearest the highway). The use of either the bow or stern exterior decks shall be prohibited between I O:OOPM and I O:00AM daily. No music or live entertainment shall be permitted on either the bow or stern ex#erier decks and shall not be permitted with a Special Event Permit. Music is only permitted within the interior of the "texas Deck' provided it is non - amplified. Any music or live entertainment and the use of a microphone (with amplification) within the Texas Deck premises shall cease at 8:30PM, Sunday through Thursday and 10:00PM Friday and Saturday. No more than 25 events per year shall have music except during the Holiday Event Period. 8. During the Holiday Event Period, the exterior bow deck may be used for table service, food and beverage service and banquets. The hours of operation of events on the exterior bow deck shall be 10:00 a.m. to 10:00 p.m. daily. A tent with vinyl or canvas siding or similar canopy may be erected upon the deck provided it meets with the prior approval of the Fire 17 INDEX a'i City of Newport Beach Planning Commission Minutes June 7, 2001 Department. 9. No amplified music, outside paging system or speaker system is permitted on any exterior area of the project site at any time. 10. No exterior lighting is permitted on the third level bow deck area. Exterior lighting of the stern deck is permitted provided that no glare is generated that effects nearby residential properties. Lighting shall be subject to the prior approval of the Planning Director and lighting may be modified, reduced or eliminated to ensure that excessive light or glare affecting surrounding properties is minimized. 11. A Live Entertainment Permit issued by the Revenue Division, in accordance with procedures set forth in Chapter 5 of the Municipal Code, shall be required to allow live entertainment as incidental and accessory to the primary use of the facility as a restaurant. 12. A Special Event Permit, issued by the Community Services Department and approved by the Police Department and Planning Department, shall be required for any activity or event outside the normal operating characteristics of the Riverboat Restaurant, Nautical Museum or inconsistent with this use permit. A Special Event Permit application shall be completed and submitted to the Community Services Department at least 30 days prior to the date of any event to allow adequate time for review of the application and to impose additional conditions of approval if necessary. 13. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from the 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. 14. The applicant shall maintain the trash dumpsters or receptacles so as to control odors, which may include the provision of fully self- contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 15. Storage outside of the facility shall be prohibited, with the exception of the required trash container enclosure and existing storage structures. 16. For Special Event activities, coverings shall be limited to the use of umbrellas, retractable awnings, or Fire Department approved temporary tents, with a minimum vertical clearance of 7 feet measured from the floor of the dining area to the lowest portion of the shade structure. The use of solid, permanent roof coverings or patio covers shall be prohibited. 18 INDEX i I City of Newport Beach Planning Commission Minutes June 7, 2001 INDEX 17. All employees shall park within the parking areas provided on site. #arse ead effeE4 I& Should problems arise with regard to noise associated with the outdoor deck areas, the Planning Director reserves the right to require the elimination of any use of exterior deck areas that contribute to the noise problems or complaints. 19. 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 owner or the leasing company. 20. The applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the live entertainment or the outdoor dining activities to insure compliance with these conditions, if required by the Planning Director. 21. Dancing shall be prohibited on exterior deck areas and may be permitted within the Texas Deck only. 22. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 23. The project shall comply with State Disabled Access requirements. 24. All improvements shall be constructed as required by Newport Beach Municipal Code, Building Department and Public Works Department requirements. 25. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 26. The live entertainment and amplified music shall be confined to the interior of the restaurant and all doors and windows of the establishment shall remain closed during all performances, except when persons enter and leave by the main entrance of the facility or to the outdoor dining area. The operator of the restaurant 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 provides, in part, that the sound shall be limited to no more than depicted below for the specified time periods. 19 City of Newport Beach Planning Commission Minutes June 7, 2001 Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 n.m. and 7:00 a.m. Measured at the property fine of Commercially zoned property: 65 dBA 60 dBA Measured at the property line of Residentially zoned property: 60 dBA 50 dBA 27. 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. 28. 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. 29. A sign shall be Installed within the Texas Deck over the door to the bow deck that reads, "Emergency Doors Only, Doors to Remain Closed During Regular Business Hours." 30. Access to the third level bow deck shall be restricted during the use of the Texas Deck. A theater style rope shall be placed at the southern end of Texas Deck between the safety railing and the exterior wall of the Texas Deck. A sign on the rope that faces north shall be installed that reads. "No Access." In no event shall the ropes restrict fire safety or exiting requirements as determined by the Fire Department. 31. This Use Permit shall be reviewed by the Planning Commission by January 30, 2002 regarding the use of the entire third level of the Pride of Newport and the effectiveness of the operational restrictions and conditions of approval. SUBJECT. Koll Office Site B GPA and PC Amendment MacArthur Boulevard /Jamboree Road (Continued from 4 -5 -01) • General Plan Amendment No. 97 -3 (B) • Amendment No. 905 • Traffic Study No. 119 • Environmental Impact Report No. 158 • Development Agreement No. 16 Review of a General Plan Amendment and Planned Community Amendment to allow an additional 250,000 gross square feet of office use within Office Site B of the Koll Center Newport (KCN) Planned Community. The amendments will provide for the construction of a ten -story office tower. 20 •" l Item No. 3 GPA 97 -3(B) A No. 905 TS No. 119 EIR No. 158 DA No. 16 Recommended for approval to City Council Ai EXHIBIT 3 PLANNING COMMISSION STAFF REPORT FROM APRIL 5, 2001 MEETING a5 �k`x'PORr CITY OF NEWPORT BEACH PLANNING DEPARTMENT �i 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Hearing Date: Agenda Item: Staff Person: Appeal Period: REPORT TO THE PLANNING COMMISSION PROJECT: Newport Riverboat Restaurant 151 East Coast Highway (Anthony Pesci and Cheryl L. Minemier, applicants) April 5, 2001 3 Eugenia Garcia 644 -3208 14 days PURPOSE OF APPLICATION: A request to permit outdoor dining in conjunction with the operation of an existing full - service restaurant/museum facility. The specific request includes: use of the bow and stern decks for Saturday and Sunday brunch; use of the bow deck adjacent to the Texas room in conjunction with a specified number of annual special events and private parties, and no outdoor music is proposed. ACTION: Hold a public hearing, approve, modify or deny Use Permit No. 3684. ZONE: RIMC, Recreation, Marine Commercial OWNER: Newport Harbor Nautical Museum, Newport Beach Introduction On February 8, 2001, The Planning Commission considered a request by the Newport Riverboat Restaurant to have outdoor dining on the bow and stern decks of the third level floating restaurant/museum. The Commission acted to continue the request to August 9, 2001 and extended a temporary Use Permit permitting the activity subject to additional conditions. On February 20, 2001, the Linda Isle Community Association filed an appeal of the Planning Commission's action. The appeal is attached as Exhibit No. 10 and it cites increased noise and a loss of privacy resulting in a diminishment of the enjoyment of their property. On March 13, 2001, prior to the City Council hearing, staff received notification from the Director of the Museum, Mr. Wayne - Eggleston, that the applicant for the use permit was no longer involved in the restaurant's operation or ownership and the new owners would like to continue with the application and change the request. The City Council considered the proposed changes (to the use permit request and the new ownership) and referred the item back to the Planning Commission because the changes were significant enough to warrant a continued review by the Planning Commission. A4 Discussion New Request Staff has met with the new owner_ of the restaurant and the manager of the museum and discussed with them the requirements of the use permit and the issues raised at both the Planning Commission and City Council hearings. The owners have submitted a revised request that does not include the daily use of either the stern deck or the bow deck. Attached as Exhibit No. 4 is a letter from the restaurant owner Mr. Pesci, detailing the revised request for the operation of the outdoor decks. The applicant would like to be able to use both decks for Saturday and Sunday brunch, and the Texas deck, in conjunction with 75 annual special events and private parties. The applicants are not proposing or requesting approval for outdoor music on either deck. The "bow" deck adjacent to the Texas room faces toward the Linda Isle community and the "stem" deck faces toward the East Coast Highway bridge. Hours of Operation The request for Saturday and Sunday brunch is 10:00 a.m. to 3:00 p.m. for both decks. The request for Special Events on the decks is proposed for the bow deck only, between the hours of 10:00 a.m. and 10:00 p.m. daily. Staff believes that the Saturday and Sunday hours for the use of the decks would not create a problem for the neighbors because the decks will be used during daytime hours when the level of ambient noise in the area is higher and the dining activities will have less impact on the surrounding neighbors. The applicant is requesting a total of 75 special events per year to take place on the outdoor deck, approximately six events per month. The special events are most often held in the Texas room with a portion of the dining located on the exterior bow deck. Staff believes that 75 events per year may be excessive. The large number of events on a continual basis could disturb the surrounding neighbors. Staff recommends that a maximum of three events per month or 36 events per year be permitted in the outdoor deck area. This would allow for some flexibility for the owners to be able to schedule the events as the weather permits. An additional Condition of Approval is included with revised Exhibit "A Noise An acoustical study was performed in conjunction with the review of the Use Permit to the Planning Commission, pursuant to the Bayfront Restaurant Regulations. The study concluded that the noise from the use was not measurable due to the high ambient noise level from Coast Highway. The study was conducted in the winter and the bow deck was enclosed by a canvas tent with canvas or vinyl siding for weather protection. This fact may have impacted the noise readings. The study author extrapolated the noise measurements to a warm season and concluded that no noise impacts would be generated with the project with proper mitigation. There is an existing windscreen located around the perimeter of the Texas deck (bow deck) that currently does not meet the noise barrier recommendations noted in the acoustical study. The owner of the restaurant is in agreement with replacing the windscreen with materials as recommended by the acoustical consultant. Use Pernut No. 3684 April 5, 2001 a1 Pagey IK� The Planning Commission's previous temporary approval required a 6 -foot high, glass or Plexiglas wall to be installed around both third level dining decks (Condition No. 26) for the trial period that extends the temporary use to August 9, 2001. The issue was raised at the City Council meeting whether or not the Plexiglas barrier versus a solid glass barrier would achieve the desired results as a noise barrier and additional analysis was suggested.. The museum Director retained Wieland Associates to conduct an additional noise analysis (attached to this report as Exhibit 5) to estimate the amount of noise reduction that would be achieved by placing a 5 foot to 6 foot high barrier using either glass or Plexiglas, around the deck facing Linda Isle. The study indicated that to be effective, the noise barrier should meet certain construction and material criteria. Staff has revised Condition No. 26 to include the recommended criteria in revised Exhibit "A." Additionally, a new acoustical study is required which would be prepared during the summer. The study will evaluate the effectiveness of the chosen barrier and suggest additional mitigation measures, if necessary. Staff received a comparison noise impact evaluation from Mr. Stephen R. Sheldon, Attorney for the Linda Isle Community Association. The study compares the findings of the noise study conducted by Wieland and Associates and noise measurements taken by the consultant for the Linda Isle Association, J. J. Van Houten and Associates, Inc. The findings of the report states that the project may exceed the Community Noise Ordinance standards, but did not take into account the proposed noise mitigation and subsequent studies to be conducted after the installation of the noise barrier. The report is attached as Exhibit No. 8. Privacy The proposed barrier will be a transparent material that will allow the diners a full view of the bay but not provide any visual screening. The proximity of the bow deck places diners and events in closer proximity to Linda Isle homes because the boat is approximately 157 feet from the nearest residence and there are 7 homes within 300 feet. Additionally, the third level of the riverboat is slightly higher than the two story residences on Linda Isle. Staff has prepared a proximity map (Exhibit No. 14) showing the distances between the riverboat and nearby residences. In order to mitigate the loss of privacy for the residents, the applicant has agreed to the use of potted plants to be placed on the inside of the barrier on the floor of the deck, and spaced close enough to create a partial visual screen. The plants should be of a variety that will be a minimum 5 feet in height and large enough to create an evenly spaced screen around the deck, whether singly or in a grouping. A condition requiring a landscape plan to be approved by the Planning Director is included in revised Exhibit "A." Lighting Discussion at the Council hearing raised the issue of lighting for the outdoor decks and the potential for light spillage across the bay into the residential neighborhoods. In the applicant's letter, the applicant indicates that no lighting is proposed for either outdoor deck. A condition of approval is included that prohibits outdoor lighting of the decks. Use Permit No. 3684 Apri15, 2001 Pager!{ _ ?� Recommendation Staff recommends that the Planning Commission uphold their previous decision to continue Use Permit No. 3684 and extend the temporary use permit to August 9, 2001 for the purposes of monitoring the effectiveness of the mitigation measures or modify their decision, by adopting the revised findings and conditions of approval contained in Exhibit "A." The Planning Commission has the option to approve the project or deny the project by making the findings attached as Exhibit "B." Submitted . y: Prepared b PATRICIA L. 1. Director Planning J Exhibits 2. T=ettei 4. 5. tuttuf .. • •• ": flOw acousticat • . - .1 . 2tSWUiULMS, dated Minch 20,20et. • •. '1 -6 reviewed by /- , CiDA rntippil •-• the CQU"il Ndawh 12, 1094-64aff • ecalwit Vdff reportYRd'ach 1 Mpuat Mqmt PidlUtIg eU11U1d5siOL1 •• •' • . MillUtM 1 • / Wy 8, 280t PiWlfliftr, he eY Plfflll,rjg _ _ _ _ _ the • 1 Use Permit No. 3684 n April 5, 2001 p Page fi' Sf-5 EXHIBIT 4 PLANNING COMMISSION STAFF REPORT & MINUTES FROM FEBRUARY 7, 2002 MEETING 3b CITY OF f'BWPORT BEACH Heartfig Date: February 7, 2002 m PLANNING DEPARTMENT Agenda Item:. 1 3300 NEWPORT BOULEVARD Staff Person: James Campbell NEWPORT BEACH, CA 92658 (949) 644 -3210 (949) 644 -3200; FAX (949) 644 -3229 Appeal Period: 14 days REPORT TO THE PLANNING COMMISSION PROJECT: Newport Riverboat Restaurant FILE C O P 151 East Coast Highway (Anthony Pesci and Cheryl L. Minemier, applicants) Introduction On June 7, 2001, the Planning Commission approved Use Permit No. 3684 for the use of the third level of the Pride Of Newport for dining and banquet events. It authorized the use of the interior of the third level for dining and banquets with non - amplified music. The Use Permit also permitted a holiday event period during the month of December where outdoor dining is allowed on the bow deck closest to Linda Isle. At other times, the use of the bow deck was limited to a buffet table with a privacy screen. The stern deck that faces Coast Highway was permitted to have outdoor dining. The minutes from the June 7, 2001 meeting are attached as Exhibit No. 1. The June 7, 2001 and April 5, 2001 staff reports are attached as Exhibit Nos. 2 and 3. Condition No. 31 requires that the operation and conditions of approval be reviewed by the Planning Commission. During the December holiday event period, the applicant erected a canvas tent on the bow deck as has been done in past years. The space was used periodically, but business was not to the level of past years. Staff observed the use on several occasions and did not observe any violations of the conditions of approval. Staff contacted Code Enforcement staff and the Police Department regarding the operation during this period and no complaints were filed by nearby residents. The applicant has had approximately 10 banquet events in the interior of the third level where the occupancy necessitated that the buffet table be erected outside. The applicant chose to erect the buffet table on the stem deck as opposed to the bow deck. The canvas privacy screen was not put in place. The applicant informed patrons of the proximity of residents and asked them to be considerate of neighbors when traversing bdtween the bow and stern decks. Again, both Code Enforcement and the Police Department report that no complaints were filed. Staff sent notices to nearby residents of Linda Isle and Bayshores regarding this meeting. �t Recommendation Staff recommends that the Planning Commission take public testimony and determine appropriate action. All information at this point leads staff to conclude that the use has been operating in a non - detrimental fashion. If the testimony from residents supports this conclusion, staff recommends no changes to the conditions of approval with the exception of Condition No. 31. Staff recommends that this condition be amended to require another review of the operation in January 2003. k .. .1 Submitted by: PATRICIA L. TEMPLE Planning Director Exhibits 1. • Excerpt of Minutes from June 7, 2001. 2. Staff report dated June 7, 2001. 3. Staff report dated April 5, 2001. Prepared by: JAMES CAMPBELL Senior Planner Use Permit No, 3684 February 7, 2002 Page2 °d, CITY OF NEWPORT BEACH Planning Commission Minutes February 7, 2002 Regular Meeting - 6:30 p.m. Commissioners McDaniel, Kiser, Agajanian, Selich, Gifford, Tucker and Kranzley All present STAFF PRESENT: Sharon Wood, Assistant City Manager Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Rich Edmonston - Transportation /Development Services Manager Patrick Alford, Senior Planner James Campbell, Senior Planner Todd Weber, Associate Planner Ginger Varin, Planning Commission Executive Secretary Minutes: Motion was made by Commissioner Kiser to approve the minutes of January 3, 2002, and January 17, 2002. Ayes: McDaniel, Kiser, Agajanian, Tucker, Gifford, Kranzley, Selich Noes: None Public Comments: Posting of the Agenda: The Planning Commission agenda was posted on Friday, February 1, 2002. SUBJECT: Newport Riverboat Restaurant 151 East Coast Highway • Use Permit 3684 Review of operations by end of January 2002 pursuant to condition of approval. Ms. Temple noted that this is a Planning Commission review of Use Permit 3684 as required by conditions of approval, to review the outside dining aspects of the project. A courtesy notice was sent to all potentially affected persons in the Linda Isle area. We have not received any complaints related to this Minutes Approved None Posting of Agenda Item No. 1 UP 3684 Review in 01/2003 INDEX ,Ky operation nor any letters in response to the notice. Public comment was opened. - Mr. Jack Schwartz, 89 Linda Isle, noted the following: • Things have improved since the new ownership. • Still concerned with two instances over the holiday period of amplified music lasting to 11:30 and midnight. My calls were not taken at the Riverboat, all he got was a recording. • Supposed to be posted above the doors on the Texas Room, is a sign stating, 'emergency exit only, do not use these doors, an alarm will sound.' That has never been posted. There is one in the salon downstairs and that is to keep people from going out onto the deck. • Ropes on the sides were never installed. If they have a function on the rear deck the ropes are supposed to be there to close off the front deck. This permit should be extended temporarily for another year for additional review. Anthony Pesci, operator of the Riverboat answered: • Regarding the front deck I haven't used it at all except for the Christmas holiday, when we had tents up. Had the music gone on, time does fly by with the parties, so we might have gone over. • The museum was supposed to take care of the ropes and sign, it is an oversight that will be taken care of. • We are in compliance with everything else. • At Commission inquiry, he noted he would have no problem with coming back for another review in a year, but stated there have been no real complaints for the past year. Public comment was closed. At Commission inquiry, Ms. Temple noted that staff felt that since the Texas deck or the part facing Linda Isle had not been used very often during this period, staff really did not have an opportunity to see the operation as permitted by the use permit conditions. For this reason, staff believes we should review it after another year within which there will be more activity and we will be better able to evaluate the effectiveness of those conditions. Motion was made by Commissioner Kranzley to review this item January 2003. He then noted that any issues should be made known to the Planning Department as we all want this cat& to work. This vote would amend condition 31 to have a date of January 2003, Ayes: McDaniel, Kiser, Agajanian, Tucker Gifford, Kranzley, Selich Noes: None SUBJECT: General Plan Amendment Initiations • General Plan Initiation No. 2002 -002, and • General Plan Initiation No. 2002 -003 Initiation of amendments to the Land Use Element for the Newport Village and Shellmaker Island sites. General Plan Initiation No. 2002 -002 for Newport Village: Item No. 2 G12002 -002 and G12002 -003 Recommended for approval Ms. Temple noted that the Newport Village site, 12 acres north of the Central Library along Avocado on Newport Center, has been owned by the City approximately two years. The City Council recently held a joint study session EXHIBIT 5 LETTER FROM RESTAURANT OPERATOR DATED FEBRUARY 8, 2005 3-� City of Newport Beach Planning Department CIO Rosalinh Ung 3300 Newport Blvd Newport Beach, CA 92638 Ph 949 644 3100 Dear Rosalinh: February 8ei 2005 In regards to the Riverboat Restaurant located at 131 E Coast Highway in Newport Beach For the past 2 years we have had no change in operation or had any complaints from our neighbors. Our present operating hours are Wednesday through Sunday from 11:00 AM to 9:00 P.M rhring the weed and open till 11:00 P.M. on Friday and Saturday. We may change to open on Tuesday in the summer, we do not see any major changes in our operation for the remainder of our lease. Ifyou have arty further questions please feel free to call me any time PLANNING DEPARTMENT CITY OF NEWPORT BEACH AM FEB 14 2005 819110 ,1 l 11211 12131415 6 a