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HomeMy WebLinkAbout08/11/2014 - Planning Commision CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers— 100 Civic Center Drive Monday,August 11, 2014 SPECIAL MEETING 6:30 p.m. I. CALL TO ORDER -The meeting was called to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE--Chair Tucker III. ROLL CALL PRESENT: Brown, Hillgren, Koetting, Lawler, Myers, and Tucker ABSENT: Kramer Staff Present: Kimberly Brandt, Community Development Director; Brenda Wisneski, Deputy Community Development Director; Leonie Mulvihill, Assistant City Attorney; Tony Brine, City Traffic Engineer; Jim Campbell, Principal Planner; Makana Nova, Assistant Planner; and Marlene Burns, Administrative Assistant IV. PUBLIC COMMENTS Chair Tucker invited those interested in addressing the Planning Commission on items not on the agenda, to do so at this time. Seeing no one wishing to address the Planning Commission, Chair Tucker closed public comments. V. REQUEST FOR CONTINUANCES Deputy Community Development Director Brenda Wisneski requested continuance of Item Nos. 3 and 5. In terms of Item No. 3, the applicant was unable to attend the meeting at this time and requested continuing the matter to August 21, 2014. She added that a member of the public wishes to make verbal comments on the matter and submitted written comments which have been distributed to the Commission. Regarding Item No. 5, the applicant has requested continuing the matter to September 4, 2014. Chair Tucker asked if there are any members of the public wishing to address the Planning Commission on either of those items. One gentleman noted driving 100 miles to tonight's meeting and Chair Tucker gave him the opportunity to speak at this time. Howard Minnick owner of the property directly adjacent to the subject property related to Item No. 3, Sancho's Tacos, reported that the Zoning Administrator has found no evidence that the use has created objectionable conditions and felt that for a statement of fact like that to be made, without due diligence, is misleading. He added that at no time did the Zoning Administrator, the Commission, ABC or the Police Department contact him for any input on the issue. He noted numerous violations to the conditions set forth and that the Zoning Administrator should ensure that all conditions are met prior to issuing a permit. He listed the conditions which are currently being violated and added that maximum noise levels continue to be exceeded and asked that the City conduct actual measurements during peak business hours for public review and action. He referenced actions required by an adjacent restaurant to mitigate noise and suggested the same for this application. Additionally, he complained of cigarette smoke from Sancho patrons going into his living room window and noted additional complaints submitted by him as well as neighbors. He reiterated his objections to the permit until all of the required conditions have been resolved. Page 1 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 8111114 Motion made by Chair Tucker and seconded by Commissioner Lawler and carried (6—0)to continue Item No. 3 to the Planning Commission meeting of August 21, 2014, and Item No. 5 to the Planning Commission meeting of September 4, 2014. AYES: Brown, Hillgren, Koetting, Lawler, Myers, and Tucker NOES: None ABSTENTIONS: None ABSENT: Kramer VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF JULY 17, 2014 Recommended Action: Approve and file Chair Tucker suggested changes to the minutes of July 17, 2014, and noted that Mr. Jim Mosher submitted written changes. Chair Tucker opened public comments, Seeing none, Chair Tucker closed public comments. Motion made by Chair Tucker and seconded by Commissioner Brown and carried (5 -- 0) to approve and file the Planning Commissionminutes of July 17, 2014, as modified. AYES: Brown, Koetting, Lawler, Myers, and Tucker NOES: None ABSTENTIONS: Hillgren ABSENT: Kramer VII. PUBLIC HEARING ITEMS ITEM NO. 2 LIDO HOUSE HOTEL (PA2013-217) AND FORMER CITY HALL COMPLEX AMENDMENTS (PA2012-031) Site Location: 3300 Newport Boulevard and 475 32nd Street Commissioner Hillgren recused himself from hearing this matter due to a pre-existing relationship and departed the Chambers. Principal Planner Jim Campbell provided a PowerPoint presentation noting a prior study session and continuance of the hearing from July 17, 2014, the project setting and location, site plan, proposed hotel, enhanced setbacks, parking areas, access to the site, changes to the nearby Fire Station site, changes to 32nd Street, project components, the EIR, compliance with CEQA, responses to comments, control of the open space including security and maintenance, trash areas, additional information and correspondence included in the agenda packet, and the proposed iand use plan amendments and staff recommendations. Mr. Campbell discussed the review of the project by the Fire Department and indicated that Assistant Chief Kevin Kitch is available to answer any questions regarding closure of specific access points and access to Via Lido Plaza. He indicated that he has spoken to the manager of West Marine since the prior meeting and that the manager indicated that they receive two, 40-foot tractor trailers per week and an average of 5 service vans per week. He reported that all deliveries occur at the back loading dock and that the trucks use the Via Lido driveway. Assistant City Attorney Leonie Mulvihill commented on a discussion item that occurred during the study session relative to the status of litigation. She reported that the City has not sued Via Lido but has responded to a comment from Via Lido Plaza asserting an interest in the City's property and it considers it a cloud on its title. The City is seeking a judicial determination as to whether or not there is a cloud on the City's title. It has nothing to do with the present project nor does it need to be resolved for the Planning Commission to take action tonight. She reported that what is being suggested by the comment letters from Via Lido Plaza is that the access should remain open. It is up to the Planning Commission to decide whether or not the access is required in order to Page 2 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/11/14 generate the appropriate findings relative to compatibility, circulation and environmental issues, She added that the City addressed the environmental impacts of this project including traffic circulation and noise and is aware that operationally, Via Lido Plaza would like to keep the access point available. At this point the proposal is to have it closed and the City Attorney's office is of the belief that the Planning Commission may take action tonight, regardless of the outcome of the quiet title action. Principal Planner Campbell reiterated recommendations for consideration by the Planning Commission. He added that City Council is scheduled to hear the matter on September 9, 2014, assuming approval of the amendments and project tonight. He noted that review of the amendments and project by the Coastal Commission is required after the City concludes its review. He added that it is hoped the hotel will open by the summer of 2017, and he offered to respond to questions. He reported that the developer and architect are in attendance at this time to respond to questions. Commissioner Koetting requested a brief overview of the project. Commissioner Brown noted that the West Marine property may become a grocery store in the future and asked staff to address the permanent closure of access. Mr. Campbell reported that West Marine may be there for a long time and that if the site were to change use in the future, staff would have to evaluate what the change of use would be and whether changes to access would be necessary for that tenant. It would be the responsibility of Lido Partners to accommodate any future needs. Director of Community Development Kimberly Brandt added that staff has taken that into account in the environmental analysis and that City Traffic Engineer Tony Brine has looked at the potential for reuse as a busy grocery store and feels that the truck traffic has been included in the analysis and there is complete documentation in that regard. City Traffic Engineer Brine stated that the operation of the trucks accessing the site was the primary focus to determine placing turning templates on the site and whether large truck deliveries can be made on the Via Lido driveway. It was determined that the largest truck deliveries could be accessed through the Via Lido driveway. He added that he spoke with representatives of Pavilion's on Newport Boulevard and that they get ten (10)truck deliveries per day. The analysis in the EIR placed a turning radius for the largest truck possible onto the site. He added that deliveries begin in the morning and typically finish at noon. Chair Tucker noted that the Planning Commission had no part in the project concept and inquired as to who chose the land-use designations that are being proposed. Mr. Campbell reported that Council directed the preparation of the amendments involving the hotel and a mixed-use residential project or a hybrid of the two (2). No adjustments have been made other than those discussed, to eliminate the hybrid project. He added that the Planning Commission plays a role in providing recommendations to Council on the amendments and the project and could recommend eliminating the mixed-use project as well. Chair Tucker noted that the residential alternative would work but expressed the opinion that elimination of the mixed us designation is something that Council ought to decide to remove or not. In response to Commissioner Lawler's request, Mr. Campbell confirmed that the applicant is not asking for residential units. In response to Chair Tucker's inquiry regarding the lease entailing the scope and the timing of work, Assistant City Attorney Mulvihill reported that presently, the lease is subject to negotiation and is not before the Planning Commission. She added this is different than a development agreement and is a lease of property and while the lease contemplates development, it is the development that is before the Planning Commission, Commissioner Koetting commented on truck access and requested explanation relative to existing conditions in terms of the truck-turning study. Mr. Brine explained the exhibit showing turning templates imposed on the aerial view indicates turning radius for trucks coming off 32nd Street. It also indicates that turning radius for a truck off Via Lido and into the driveway. He added it is the turning template for the largest California-legal truck and shows how the truck can access into the driveway and make the turning movement on site. Page 3 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 8111114 Mr. Campbell added that the loading area is West Marine's exclusive area and that the rest of the tenants take deliveries through their front doors. There are no other loading zones in Via Lido Plaza. Chair Tucker invited the applicant to provide a brief overview of the project. Bob Olson, applicant, provided a PowerPoint presentation addressing the RFP process, the brief history of the company, awards, other projects in and around the City, the Lido House Hotel plan, WK Grill, spa and fitness center, architecture, ballroom and meeting spaces, roof-top lounge and viewing deck and interior decor and concept. He provided information on the designer, WATG, and addressed other projects they have designed. He introduced and deferred to Greg Villegas of WATG, the project architect. Greg Villegas, WATG, discussed the entry, components of the design, enhanced public easement along Newport Boulevard, maintaining existing landmark trees, parking and roadways, landscape and hardscape space, Fire Department access, service and trash access, increases to the maximum building heights, elevations, site plan, floor plans, roof plan and two-story extended-stay units. Mr. Olson discussed the guest experience, extended-stay units, and direct benefits to the City and community outreach performed. In response to Commissioner Koetting's inquiry regarding the service area next to the hotel, Mr. Villegas stated there are no views to the service area from that side of the hotel rooms. Commissioner Koetting commented on the number of trash bins and felt that the area is not big enough. Mr. Villegas reported that the hotel will have daily trash service and sometimes there will be service twice a day. Additionally, he commented on access off 32nd Street noting it was specifically designed to accommodate a thirty-five(35)foot vehicle. Chair Tucker opened the Public Hearing. Linda Klein noted the area is one of the most-gifted places in the world and that the City's delay of the project has cost the City millions of dollars in revenue and has left the neighborhood severely blighted. She opined that the grassy, open area along Newport Boulevard invites loitering and policing problems. That space needs to be brought inside the hotel area so it can be as well-managed as the rest of the property. She requested taking the residential units out of the EIR and out of the General Plan amendments as they will generate four (4) times the traffic of the hotel. The hotel will generate less traffic that the former City Hall did. She stated that it is unacceptable for Council and staff to continue to block the needed revitalization. She suggested cleaning up the amendments and presenting a clean ElRto the Coastal Commission. Fred Barnes, President of the Lido Isle Community Association, commented on the high level of support for the project by Lido Isle residents. He urged moving ahead with the project as soon as possible and that the Planning Commission favorably recommend the project for Council consideration. Judy Rosener indicated she did not understand why the project approval is taking so long and wanted the Commission to explain the delays including why it would take so long for the hotel to finally open once approved. She commented positively on the project and stated that Lido Isle is going downhill. She urged the Planning Commission to move the project forward. Chair Tucker explained his view of the timeline and noted the project needs to be reviewed by the Planning Commission and must go through an environmental impact report due to potential for litigation. He commented on matters that have slowed down the process and noted that the need for approval by the Coastal Commission takes an inexplicably long time for any project in Newport Beach. Savoy Bellavia spoke in support of the project but expressed concerns with not enough parking on the site and the possibility of overflow parking in the Finley Tract neighborhood to the west of Newport Boulevard. He suggested implementing resident permit parking for the Finley Tract. Russell Singer owns a commercial property directly across Newport Boulevard from the proposed project. He expressed concerns that the proposed parking will be inadequate with the planned removal of metered parking by the City's street widening project. He hoped that parking at the hotel could be increased. Page 4 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/11/14 Katherine Johansen referenced a letter included in the agenda packet relative to her concerns with noise impacts. She noted she responded to the draft EIR and that staff responded that her concerns were noted but were not significant. However, in their response to comments from Lido Partners, the City acknowledged that the closure of 32nd Street access to Via Lido Plaza would require delivery trucks to be rerouted through Via Lido, 32nd Street and Lafayette. She added that related noise would affect up to seventy-five (75) residents on those streets. Although she supports the project, she asked that the City consider impacts to the residents adjacent to the project and the effect of rerouting delivery trucks. She asked that the Commission reconsider closing the delivery access to the alleyway and prohibit commercial traffic deliveries from 32nd Street to Via Lido to reduce noise impacts on residents. Cindy Koller noted there is overwhelming support for the project as well as eliminating the residential component. She asked that the Planning Commission do so for a better process for all, before the project goes before Council. Walter Talleur expressed concerns regarding parking in the Finley tract and the possible overflow of parking because of the commercial businesses as well as increased traffic congestion and damage to property. He stated this could be relieved with additional signage and asked that the Commission look into that matter. Gordon Hart, on behalf of Lido Partners, expressed concerns with the closure of the 32nd Street access to Via Lido Plaza and stated that it is bad planning. He referenced legal issues related to the CEQA analysis and commented on the preferred place for delivery trucks adding that the access point has been the same place for over sixty-five (65) years. He added that no reason has been presented for changing the access point and delivery route. He reported that Lido Partners has been sued by the City and it is disingenuous to deny calling it that. He commented on staff contacting the current and former tenants and has generated counts for particular kinds of trucks from same. He reported that staff did not talk to the restaurants or pharmacy and only focused on forty-foot trucks. In response to the Chair's question whether the concern was just about big trucks, Mr. Hart stated that his client's concern was not only about big trucks but about all of the delivery trucks. All tenants are instructed to have their delivery trucks go through the 32nd Street access driveway. In response to Chair Tucker's inquiry, Mr. Hart reported that delivery trucks and emergency access are the two (2) issues that they would like to have satisfactorily resolved. Tim Collins commented on the development of design guidelines for Lido Village and on the need to improve vehicular and pedestrian circulation within the village. He noted that this objective has been overlooked in the EIR and stated that the elimination of the alley connection to Finley will disrupt truck traffic which in turn, will cause truck-turning movements somewhere in the village. He stated that the design guidelines envisioned pedestrian paseos from the subject site through the Lido Partners' site and on into Via Lido and the Lido Marina Village. He asked that the proposed closure of Finley Alley and the 32nd Street connection be revisited by the Traffic Engineer and focus on existing truck-turning movements and how the Village will function without the current truck-servicing flow. He urged the Commission to stay with integrated planning. George Schroeder spoke in support of the project and noted that the overwhelming majority of residents support it as well. He commented on the parking requirements and agreed with installing signs in the Finley Tract that no beach parking is allowed. He hoped that the Planning Commission will take action at this time and move the project forward. Additionally, he stated that four (4) years is a good timespan to have a project of this size completed. Jim Mosher commented on the property being tax-exempt and wondered if the City will assume a property-tax liability with this development. He observed some of the elevations of the project as being tall and massive and commented on height limitations established by the City in that area noting that the project goes against the existing policy of the Coastal Land Use Plan. He commented on the General Plan amendment, the residential component and the unlimited public facility development that can occur on the site. He opined it would require the project to go through a "green light" vote. He questioned whether the Commission could approve the residential component at this point. Chair Tucker closed the Public Hearing. Page 5 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 8111114 Chair Tucker attempted to respond to the issues raised during public comment. He noted that the project was vetted through the City Council process to a certain extent and that it is not the Commission's place to change the plan but rather look over the project from a "reasonableness" standpoint. He addressed noise issues and confirmed the project would have to comply with City noise ordinances. Mr. Campbell added that the project operation complies with the City's noise ordinance. He added that the figure showing trucks routed on 32nd Street and Lafayette was to illustrate that trucks could make the maneuver and not that they will be routed in that direction. Chair Tucker noted that a residential project is not currently before the Commission but rather could be an allowed land-use later if the hotel project did not happen. He further noted that any residential project would need to go through the entire process, including environmental analysis, He noted that signage related to parking for the Finley Tract is not a matter over which the Planning Commission has jurisdiction. He suggested that residents take that issue up with their respective Council Member. Chair Tucker did not believe the City will be paying property taxes adding that it is not a planning issue just as the "green light" vote is not a planning issue. He addressed height policies as well as integrated planning. Ms. Brandt noted that staff would like to add a comment regarding truck routing and deferred to City Traffic Engineer Brine. Mr. Brine reported there was a reference regarding his contact with Pavilion's and indicated he made the contact to confirm what was referred as a "nominal" number of trucks delivering in the area. He added that Via Lido has an average daily trip (ADT) of 8,000 cars per day and the capacity of Via Lido is approximately, 24,000. He reported that the current level of service is "A"and that adding ten (10)trucks would have no impact. In terms of signs in the Finley Tract, he reported that is something that his department would review, and therefore, residents were encouraged to contact him. Chair Tucker noted that, at the Planning Commission level, it does not matter who sued whom or who contacted whom. The CEQA issues and planning aspects of the project is the Commission's focus. In request to Commissioner Myers's inquiry, Mr. Campbell addressed the employee parking plan. He stated that, at this point, the plan is to have everyone park on site. Mr. Olson reported that approximately seventy (70) to eighty (80) operational jobs will be created by the project but they are not all on site at the same time. The highest staff level at one (1) time will be about twenty (25) people using various means of transportation, and additionally, hotel guests do not all drive. He referenced traffic and parking studies in the EIR adding that it has been proven that there will be extra parking spaces by offering valet parking and prohibiting deliveries during special events. Commissioner Myers affirmed the applicant's intent that all employee parking will be on site. Commissioner Brown asked whether maintaining access off 32nd Street to the adjacent property was contemplated in the design. Mr. Villegas reported it was contemplated in the discussions in the initial competition as it was in the design guidelines. He added that the hotel has a need to contain parking and that currently, there is the ability to use a thirty-five (35)foot truck for deliveries and trash. He added that they have not considered having fifty-five (55) foot delivery trucks going through but have done their best to meet the City's parking requirements. Chair Tucker added that the Council authorized the quiet title action, so regardless of what was originally in the design, it is apparent the Council prefers the possibility of having the access terminated. Ms. Brandt clarified that with the initial discussions, there was never a requirement for a design proposal showing the connection relative to 32nd Street. She added there was a reference to Concept Plan 5B, which Council considered in early January of 2011 relative to a conceptual plan rather than a formal, adopted plan. The Planning Commission is reviewing a component of the Lido Village area in its entirety and that staff is looking at how it furthers the goals of the Lido Village design guidelines and the overall vision for the area. There was not a precise blueprint that was adopted specifically. Page 6 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 8111114 Chair Tucker reviewed the CEQA issued raised and indicated his belief that there had not been substantial evidence of significant new information to warrant recirculation of the EIR. Members of the Planning Commission concurred. Chair Tucker addressed the purpose of CEQA in terms of ensuring that decision-makers understand the potential consequences of their decisions on the environment. He indicated the project is relatively modest and noted, although not part of the CEQA analysis, that the old City Hall generated more traffic than the proposed plan and that there will be no more noise, air quality issues or environmental consequences. He stated his belief that the environmental document is adequate. He noted the comments on the lease not being available and shade and shadow and noted the comments do not raise the document to a level of inadequacy. Motion made by Chair Tucker and seconded by Commissioner Brown and carried (5—0) to adopt a resolution recommending City Council certification of the Lido House Hotel Environmental Impact Report No. ER2014-003 (SCH#2013111022) in accordance with the California Environmental Quality Act AYES: Brown, Koetting, Lawler, Myers, and Tucker NOES: None RECUSAL: Hillgren ABSENT: Kramer Commissioner Brown stated he will support the matter and noted that the hotel is the only project that is being contemplated for this site. He further stated that maintaining the residential component is creating anxiety and preferred to move the matter forward without its inclusion. He noted that the Chair had preferred to leave this decision to the Council. The Chair wanted to have this issue addressed before the vote on the project and in order to do so a straw vote was conducted as to whether to eliminate the residential component of the land use changes. The straw vote was 3—2 in favor of eliminating same (Brown, Lawler and Myers for and Tucker and Koetting against). Ms. Brandt reported that the mixed-use designation would be maintained since the land would be used for a fire station as well as for a hotel. Chair Tucker referenced Exhibit C relative to public facilities. Ms. Brandt added that the proposed project includes designation of the MU-H5 designation and can be crafted to be specific to this project. There are several corrections to the resolutions that will need to be made in relationship to the Zoning text, the Council Land-Use Plan text and the General Plan text. She suggested that the Commission direct staff to make the appropriate corrections to reflect the changes to the amendments discussed. Motion made by Chair Tucker and seconded by Commissioner Lawler and carried (5—0) to adopt a resolution recommending City Council approval of General Plan Amendment No. GP2012-002, Coastal Land Use Plan Amendment No. LC2012-001, Zoning Code Amendment No. CA2012-003, Site Development Review No. SD2014-001, Conditional Use Permit No. UP2014-004, and Traffic Study No. TS2014-005 and eliminating the residential component of the project(93 dwelling units and 15,000 square feet of commercial use)and for staff to make the appropriate corrections to the resolutions. AYES: Brown, Koetting, Lawler, Myers, and Tucker NOES: None RECUSAL: Hillgren ABSENT: Kramer Commissioner Hillgren returned to the Chamber and took his place on the dais. Page 7 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 8111114 ITEM NO. 3 SANCHO'S TACOS MINOR USE PERMIT APPEAL(PA2014-058) Site Location: 3014 Balboa Boulevard The aforementioned item was continued to the Planning Commission meeting of August 21, 2014, by motion of the Planning Commission. ITEM NO. 4 PORT THEATER ALCOHOL SERVICE (PA2014-019) Site Location: 2905 E. Coast Highway Assistant Planner Makana Nova provided a presentation addressing an existing liquor license and a description of the request. She addressed location, surrounding properties, background on the theater, types of events, remodel of the theater in 2012, maximum occupancy load, expanding the provisions of the existing alcohol license on the property, the provisions allowed for cinema screening, hours of operation and a request to expand the area of alcohol service within the theater. She added that the current use permit limits alcohol service to the mezzanine level or throughout the theater for screenings that are limited to persons twenty-one (21) years and over. The Port Theater is requesting to remove that restriction and allow patrons of all ages in screenings, with alcohol service. She reported that the theater holds public events and that staff recommends no change to the current limitations for public events. She added that the theater is allowed to hold private events on site, that the current use permit does not restrict the use of the theater for those events and that they would have their own caterer and have their own ABC license to regulate the service of alcohol during the events. Ms. Nova addressed the site plan, seating plans, screen, seating areas, concession areas and areas limited to twenty-one (21) years and older patrons. She reported that the Police Department has reviewed the application and together with staff, has generated recommendations to support the applicant's request. Private events are not regulated under the current use permit. She addressed surrounding restaurants in the area, residential uses and recommendations. She stated receiving three (3) calls from members of the public and including written comments from one of those members of the public. Generally, they wanted to understand the limitations in the applicant's request and concerns regarding customers and patrons on the street as well as the use of private events. Regarding private events, she stressed they are required to comply with State law, the noise ordinance and the limitations in the Municipal Code. She noted the attendance of a representative from the Police Department who is available to respond to questions. In response to Chair Tucker's request, Ms. Nova reiterated the main changes proposed within the application. In response to Commissioner Hillgren's inquiry, Ms, Nova addressed the differences between a private screening, a private event and a public event. She added that staff recommends maintaining the limit on public events to 11:00 p.m., because of concerns with the neighborhood and keeping patrons off the streets. The applicant has agreed to same. She reported there is no limit to the amount of public events that can be held but that the occupancy is limited. She addressed security levels in connection to the operator's license. She clarified the provision relative to limits on allowable broadcasts to prohibit a sports-bar type atmosphere and addressed the requested hours of operation for alcohol service. Chair Tucker noted there was concern about the venue turning into a nightclub type of facility. He invited the applicant to address the Commission at this time. Jessica Prause on behalf of the Port Theater, noted support of all recommendations by staff and offered to respond to questions. She referenced Condition No. 13 relative to security. Ms. Nova added that the Police Department will work with the operator relative to security, through the operator's license process. Commissioner Hillgren asked regarding the hours for showing movies and asked regarding plans of the theater from a"time" point of view. Ms. Prause commented on a nearby venue that is allowed to have screenings and alcohol service up to 1:00 a.m. The theater would like the ability to be able to have a 10:00 p.m. showing and be able to offer alcohol throughout the movie. She added that many of today's movies run for three (3) hours and explained their request in terms of offering alcohol service. Page 8 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 8111114 In response to Commissioner Koetting's question, Ms. Prause reported that a film does not need to be on when serving alcohol. She added that currently, the venue is limited to serving alcohol in designated areas twenty-one (21)years old or older. She addressed alcohol sales not exceeding food sales as well as continuous expansion of food service. Chair Tucker opened the Public Hearing. Chris Beaufort commented on the City making contributions to the Port Theater in terms of historical exemptions and addressed alcohol service during private events. He listed "start-up pains" in the operation of the theater and commented on the requested expansion of alcohol service. He reported that the main issue of concern is expanding hours to 1:00 a.m. He suggested preserving 11:00 p.m. to 7:00 a.m.for residents. David Stone spoke in opposition of extending theater hours past 11:00 p.m. He noted the theater has no parking, so patrons park on the streets in front of private homes, The problem seems to be with the consumption of alcohol. He asked that the commission not expand the hours to 1:00 a.m. He added there have been many Police calls of service over the years, because of alcohol in the restaurants. In response to a question, he could not say if any incident of later at night noise was from a movie goer who had been drinking, but feared it would if drinking were allowed to a later hour. Chair Tucker noted that what is before the Commission at this time relates to cinematic screenings. Mr. Stone noted that alcohol changes people and complained of loud talking and noise at late hours of the night. Jim Mosher spoke on the competitive disadvantage from the Island Theater at Fashion Island and asked for clarification regarding the kind of liquor license at the Island Theater. He referenced a letter from the Police Department recommending a number of conditions of approval and that it is hard to tell if they have been included in the resolution. Mr. Mosher added that a change was proposed by staff recommending last-minute changes to two (2)of the conditions of approval and wondered why they were made. Bill Lyle agreed with Mr. Beaufort's comments and noted concerns regarding expansion of alcohol service. He reported that patrons of the theater have to park on public streets near residential areas and that the expansion of alcohol service will exacerbate existing noise problems later in the evening as well as other problems. Ali Hosseinzadeh, owner of the Port Restaurant, commented on the need to define "live performances" and expressed concerns regarding expanding hours of operation, security of private events, and the various seating plans requiring furniture being moved throughout the day, use of a valet service and expanded alcohol service. Chair Tucker closed the Public Hearing. Detective John Thulin, Newport Beach Police Department, reported meeting with the applicant to discuss the changes requested. He added that one of the templates used was the Fashion Island Cinema in terms of hours of operation and other restrictions. He commented on calls for service to that address and noted they have shown to be a good applicant. He addressed the limitations on cinematic screenings only and stated there is no change in the existing hours of operation but in the time allowed for alcohol service from 11:00 a.m.to 1:00 a.m. Discussion followed regarding problems experienced in connection with the Fashion Island Cinema, requirements for food service, prohibiting operation of a bar or tavern, restrictions in connection with an operator's license and the ability of placing further restrictions through same. Ensuing discussion pertained to prohibiting operation as a bar or tavern, conditions addressing that prohibition, clarifying that normal cinematic operation refers to the end of a movie, clarifying the hours for alcohol sales, conditions of approval related to the Conditional Use Permit versus the Operator's license and review of the security plan by the Police Department. Ensuing discussion pertained to the type of alcohol license for the Fashion Island Cinema versus the Port Theater. It was noted that both are required to provide food service. Discussion continued regarding prohibiting a bar or tavern use. Chair Tucker noted that use of valet, caterers' licenses and the definition of live performances is beyond the purview of the Planning Commission. He made minor corrections to the Conditions No. 11 and 12. Page 9 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 8111114 Ms. Mulvihill clarified that the intent is to allow alcohol service to occur between the hours of 8:00 a.m. and 1:00 a.m. She suggested adding language to Condition ND. 10 that"this condition does not prohibit alcohol sales and consumption during show intermissions or other routine breaks in entertainment. Alcohol service shall cease at the conclusion of all cinematic screenings". Commissioner Koetting expressed concerns over late-night alcohol service because of the proximity to residences. Ms. Mulvihill responded that the operator's license is the mechanism to regulate late-night hours. Commissioner Hillgren agreed with Commission Koetting and noted differences between the subject property and the Fashion Island Cinema and between days of the week. He stated that the restrictions need to be made clear and commented on maintaining Condition No. 33. Motion made by Commissioner Hillgren and seconded by Commissioner Koetting to adopt a resolution approving Conditional Use Permit No. UP2014-030 superseding UP2012-009 to operate the Port Theater (a landmark theater) in conjunction with entertainment, a Type 47 (On-Sale General) Alcoholic Beverage Control License, and food service specifying that the hours during the week remain as they are and that for events during the weekend, serve alcohol until midnight for both cinematic and public events and with modifications to Conditions of Approval as stated above. Ms. Prause noted that having equal conditions to those of Island Seven is important and that they have the ability to serve until 1:00 a.m. to be able to compete. Discussion followed regarding the opening of new movies. Substitute Motion made by Chair Tucker and seconded by Commissioner Lawler and carried (4—2)to adopt a resolution approving Conditional Use Permit No. UP2014-030 superseding UP2012-009 to operate the Port Theater(a landmark theater) in conjunction with entertainment, a Type 47(On-Sale General)Alcoholic Beverage Control License, and food service with approval of the hours of operation for alcohol service during movie screenings as requested and location of service as recommended by staff and the modifications to Conditions No. 10, 11 and 12. AYES: Brown, Lawler, Myers, and Tucker NOES: Hillgren and Koetting ABSTENSIONS: None ABSENT: Kramer ITEM NO. 5 LIDO THEATER ALCOHOL SERVICE(PA2014-048) Site Location: 3459 Via Lido The aforementioned item was continued to the Planning Commission meeting of September 4, 2014, but motion of the Commission. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION -None ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee Ms. Wisneski reported that the next General Plan/Local Coastal Program Implementation Committee meeting will be held on August 27, 2014,where the draft plan will be distributed to the Committee for their consideration. 2. Update on City Council Items Page 10 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/11/14 Ms. Wisneski provided an update on recent City Council items including finalizing direction on the Land Use Element. She addressed items that will be addressed by City Council at its next meeting. She addressed the Planning Commission's next meeting agenda and upcoming items for its consideration. Ms. Mulvihill reported that Assistant City Attorney Michael Torres will be attending the Commission's meeting of August 21, 2014. ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT Commissioner Hillgren asked and was provided with an update on signs at a gas station at San Joaquin and San Miguel. Ms.Wisneski stated the lighting had recently been turned down to its lowest setting. Chair Tucker stated he would like to understand how parking works on Balboa Island. Ms. Wisneski stated that a discussion which will be before the Commission shortly regarding parking in and around Balboa Village should provide background that might be helpful in understanding parking issues on Balboa Island. ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES- None IX. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 9:48 p.m. The agenda for the Regular Meeting was posted on August 6, 2014, at 3:10 p.m., in the binder and on the City Hall Electronic Bulletin Board located in the entrance of the Council Chambers at 100 Civic Center Drive. Larry Tuck Chair Ja Myer Se etar Page 11 of 11