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HomeMy WebLinkAboutThai Del Mar Restaurant (PA2003-002)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 April 3, 2003 TO: PLANNING COMMISSION FROM: Gregg B. Ramirez, Associate Planner (949) 644 -3219, gramirezCcDcity newoort- beach.ca.us SUBJECT: Thai Del Mar Restaurant (PA2003 -002) 2754 East Coast Highway Request to amend Use Permit No. 3153 to allow a change in operational characteristics from a take -out service restaurant to a full - service, small - scale restaurant and to permit the addition of customer seating which is prohibited by the existing Use Permit. The subject property is located in the Retail and Service Commercial (RSC) Zoning District. APPLICANT NAME: Robert L. Wynn for the owners of Thai Del Mar Restaurant, Pat and Chamas Khantong DISCUSSION: This item was continued from the Planning Commission meeting of February 20, 2003, in order to investigate whether the Building Department requirement that a unisex restroom be provided (Condition No. 16) was applicable. Through discussions with the Building Department, staff confirmed that the Uniform Building Code (Chapter 29, Section 2905, Table A29 -A) and Uniform Plumbing Code (Section 413 and Table 4 -1) require that a unisex bathroom be provided when customer seating is provided at eating and drinking establishments. The construction of the new restroom must be done in accordance with applicable disabled access requirements. Additionally, staff contacted the Orange County Department of Environmental Health and discovered that Health Department regulations prohibit customers from passing through areas of food preparation and storage, as is the case with Thai Del Mar. Therefore, the existing restroom cannot be used to satisfy the restroom requirement. Thai Del Mar April 3, 2003 Page 2 RECOMMENDATION: Staffs recommends the Planning Commission hold a public hearing and approve the requested amendment to Use Permit No. 3153 (PA2003 -002) based on the findings and conditions of approval within the Draft Planning Commission Resolution contained in the previous staff report. Prepared by: Gregg B. Ramirez, Associate Planner Attachments: Submitted by: Patricia L. Temple, Planning Director A. Letter in support of application B. Excerpt of minutes from the February 20, 2003 Planning Commission hearing C. Recycled staff report from February 20, 2003 Planning Commission hearing ATTACHMENT A LETTER IN SUPPORT OF THE APPLICANT 3 THIS PAGE INTENTIONALLY LEFT BLANK. a rax R.P. CONNALLY JR. To: NEWPORT BEACH CITY PLANNING COMMISSION FEBRUARY 20, 2003 reo 16 uo iy,�i rui ON LIDO itl .E.,.....__...._.......,.,w_.. IN 1050 WE BOUGHT ON VIA SAN REMO AND IN 1963 1�fOVLD TO A BAYFRONT. BOTH CHILDREN ATTENDED NEWPORT SCHOOLS. I SPENT 20 YEARS AT MERRILL LYNCH AND WAS IN CHARGE OF THE SOUTHERN CALIFORNIA INSTITUTIONAL OPERATION.. THE LAST 2 YEARS WERE IN THE NEWPORT BEACH OFFICE. I THEN WAS LICENSED AS AN INVESTMENT ADVISOR AND DID BUSINESS HERE UNDER THE NAME OF NEWPORT CAPITOL. IN MY FORTY PLUS YEARS IN NEWPORT I'VE BEEN ACTIVELY INVOLVED IN MANY VOLUNTEER ORGANIZATIONS. PAST DIVISION CAPT OF LOCAL USCG AUX---- FOUNDING BOARD MEMBER OF N.P H NAUTICAL.MUSUEM. VICE CHAIRMAN OF INVESTMENT MANAGEMENT COMMITTEE AT HOAG- WAS INSTRUMENTAL IN FORMING A BRAILLE AUX IN NPT. I NET PAT KHANONG SEVERALYEARSAGO WHILE SHE WORKED AT A COUPLE OF THAI RESTURANTS - -WE ENJOYED HER COOKING AND WHEN SHE APPROACHED ME TO HELP HER START HER OWN RESTAURANT, I WAS ONLY TO HAPPY TO DO SO. I LOST A SUBSTANTIAL PART OF VISION IN 1992 AND AM LEGALLY BLIND. I DO NOT EAT AT THE THAI DEL MAR AS MUCH AS I LIKE AS I NEED A DRIVER. USING A WHITE CANE, I ENJOY THE STRAIGHT SHOT TO A TABLE AND MOST IMPORTANTLY THE EASY ACCESS TO THE RESTROOM, 10 \ a,-Q, 210 Via Cordova, Newport Beach, California 92663 Received Time Feb-18. 6 ;31 PM THIS PACE INTENTIONALLY LEFT BLANK. Of ATTACHMENT B EXCERPT OF MINUTES FROM THE FEBRUARY 20, 2003 PLANNING COMMISSION HEARING I City of Newport Beach Planning Commission Minutes February 20, 2003 Ayes: Toerc Excused: Kiser Gifford, Selich, Tucker INDEX SUBJECT: Thai Del Mar - (PA2003 -002) Item No. 5 2754 East Coast Highway PA2003 -002 Request to amend Use Permit No. 3153 to allow a change in operational Continued to characteristics from a take -out restaurant to a full service, small scale restaurant and 04/03/2003 to permit the addition of customer seating which is prohibited by the existing Use Permit Mr. Bob Wynn, representing the applicant noted the following: 1 L E COPY • The restaurant is 52 feet long and 11.5 feet wide. • The current use in this restaurant violates the existing use permit that had been issued in 1985 that did not allow sit down seating. • In 1997, the applicants bought the establishment and at that time there were tables and chairs in the restaurant. The present owners thought that the seating was a legal use. It was an obvious assumption that sit down seating was allowed, but it was erroneous. • The appricanfs have read the staff report and concur with staff's findings with one exception, the restroom. Two bids were obtained for the constniction of the unisex restroom. He asked that the Commission remove this condition as the bids come in at $18,500 and $17,950 just to replace the current restroom. The Code will require a handicap accessible restroom and in order to do that the price would be increased to $53,850 and $55,500 which is about 30% more than the current bids to replace the one that is in the back of the restaurant now. • They have one year remaining on the lease and an expense of this kind would be difficult to agree to and to meet. Commissioner Selich asked if the Planning Commission had the ability to waive the restroom requirement. Ms. Temple answered it is not within the jurisdiction of the Planning Commission to waive such a requirement, however, we could provide the maximum amount of latitude for the applicant to work with the Building Department to see if there is any other possible means of resolution by adding to the wording on condition 16, '...or the Building Department Bnds that this is not required......' If the Building Department can find any provision in the Uniform Building Code or the Handicapped Access Code to either waive the requirement or use another alternative to the one that has been suggested, that would all be consistent with the conditions. There is only one year left on the lease, but the applicant could reinstate the non - seating restaurant operation and then work on a lease extension that would justify such an expenditure. 16 C] City of Newport Beach Planning Commission Minutes February 20, 2003 Ms. Clauson added that Ms. Temple's suggestion would give more flexibility for the building official and then any appeal of that decision or waiver goes to the Board of Appeals that deal with building issues. That would be the route the applicant can take. Commissioner Tucker confirmed that the seating in the restaurant triggers the need for something that otherwise does not need to happen. You have an approximate 600 feet space, and the handicap restroom takes up a lot of room. Commissioner Gifford noted that she would not want to create some exceptional situation that remains after a new lease is negotiated. If your client is intending to continue business in this location, now may be the appropriate time to negotiate a new lease. Mr. Wynn presented some language for condition 16: If the use is modified in the future with RSC Zoning or if a new five year lease is issued, or if a remodel is performed involving $1,000 then the applicant is required to obtain permits for the restroom, etc.....' Ms. Temple answered that she would have to take that language back to the building official to see if it meets the requirement of the Uniform Building Code. We would have to continue this item for a couple of weeks if the Commission decides that is what should be done. We can attempt to find out if it was not required as well. To change the language as Mr. Wynn has suggested, I would like to consult with the Building Director before the Commission actually accepts this language. Mr. Wynn conjectured that if that requirement is not in there, but you just amend the original use permit to allow sit down seating and don't even mention restrooms, in my opinion the requirement of the restroom wouldn't be impacted by the State Law. If you don't mention the restroom, are they allowed to have the sit down seating? He then read a letter from Mr. Paul Connelly in support of this restaurant. Ms. Clauson noted that this condition was put in so that the Building Department would know that it needs to be done. It is a matter of dealing with them on the State Law requirements. It is not a Planning Deportment requirement. Vice Chairperson McDaniel noted that since this has been brought to our attention, if we do not concern ourselves with ADA situations, do we leave the City open to any issues? If we are aware of this and we didn't make them fix it, where does that leave the City? Ms. Clauson answered that she is not aware of how this would come to the attention of the Building Department; maybe you don't need a building permit to trigger this. I do not know how they process violations of State Law. I don't think taking out the condition avoids the requirement to comply with the building code; it may avoid triggering somebody's review of enforcing it. Ms. Temple added that if the Commission wishes to proceed with this concept, they 17 INDEX I City of Newport Beach Planning Commission Minutes February 20, 2003 need to continue this item for two weeks so that she could talk to the official about his enforcement posture now that we are informed this is a requirement and to see if the lack of building permit necessarily would make their enforcement posture different. Ms. Clauson confirmed that it would be best to talk to the building official for the rationales, reasons, suggestions and alternatives that the applicant is proposing will get the some results rather than eliminate language that the Building Department requested. Commissioner Toerge noted: • Doesn't understand how accessible bathrooms cost three times what a regular one costs, I build them and they don't. • There are a number of restaurants in Corona del Mar that have indoor seating with restrooms accessible through the kitchen, they work fine. • We should do all we can to accommodate this applicant, even removing this condition. Commissioner Agajanian stated he would be in favor of continuing this item to see if there are altematives to work with. It is obvious the applicant missed the 'table' condition in the first place. Commissioner Gifford noted she is uncomfortable removing a condition for the stated purpose of avoiding triggering the enforcement of a building code requirement and would like to see this item continued and suggested that the applicant talk to their landlord about their lease. Commissioner Selich noted he would eliminate the condition. Commissioner Tucker noted he would both eliminate the condition and continue the item. This restaurant would have to be radically changed with a new restroom. Public comment was opened. Motion was made by Commissioner Selich to approve amendment to Use Permit No. 3153 (PA2003 -002) based on the findings and conditions of approval within the attached resolution with the elimination of condition 16. Commissioner Tucker noted he would like to see a continuance to the meeting of April 3rd to give the building official time to look at alternatives and if it comes back with the insistence on this condition then next time I would not vote on the removal of this condition. He made this a substitute motion. Commissioner Selich noted he would withdraw his motion. Ayes: Toerge, Aga)anion, McDaniel, Gifford, Selich, Tucker Excused: Kiser 18 INDEX I