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HomeMy WebLinkAbout1.0 - Draft Minutes CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers — 100 Civic Center Drive Thursday, November 19, 2015 REGULAR 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 Kramer III. ROLL CALL PRESENT: Brown, Hillgren, Koetting, Kramer,Weigand, Zak ABSENT: Lawler(Excused) Staff Present: Deputy Community Development Director Brenda Wisneski; Assistant City Attorney Michael Torres; Associate Planner Makana Nova; Police Civilian Investigator Wendy Joe; Senior Planner Gregg Ramirez; Administrative Support Specialist Jennifer Biddle; Administrative Support Technician Traci Mackinen IV. PUBLIC COMMENTS Jim Mosher referenced the Planning Commission meeting of November 5, 2015, relative to the crowd's reaction to various speakers and avoiding intimidation. He addressed a disclaimer included in the notice regarding challenges to the Planning Commission's decisions, consideration by City Council and what the public can and cannot bring up on appeals. V. REQUEST FOR CONTINUANCES - None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF OCTOBER 8, 2015 Recommended Action: Approve and file It was noted that written corrections to the minutes were received. Chair Kramer opened public comments. Chair Kramer closed public comments. Motion made by Vice Chair Brown and seconded by Secretary Koetting to approve and file the minutes of October 8, 2015, as corrected. AYES: Brown, Koetting, Kramer,Weigand ABSTENSION: Hillgren, Zak ABSENT: Lawler ITEM NO.2 MINUTES OF NOVEMBER 5, 2015 Recommended Action: Approve and file It was noted that written corrections to the minutes were received. Chair Kramer opened public comments. Chair Kramer closed public comments. Page 1 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 11/19/15 Motion made by Vice Chair Brown and seconded by Commissioner Weigand to approve and file the minutes of November 5, 2015, as corrected. AYES: Brown, Hillgren, Kramer,Weigand, Zak ABSTENSION: Koetting ABSENT: Lawler VII. PUBLIC HEARING ITEMS ITEM NO.3 NOBU CONDITIONAL USE PERMIT(PA2015-167) Site Location: 3450 Via Oporto Associate Planner Makana Nova, provided details of a PowerPoint presentation addressing location, surrounding properties and uses, existing conditions, the existing parking management program for Lido Marina Village, proposed interior improvements,first and second floor plans, location of the outdoor dining patios, hours of operation, live entertainment, specific events, review of the application by the Police Department, and Planning staff recommendations. Discussion followed regarding valet parking, hours of operation, proposed seating capacity, architectural theme, location of the trash enclosures; whether there are residential units planned for Lido Marina, noise related to the nearby Newport Harbor Elks Lodge, limitations on operating hours for other restaurants in the area, and determination of the recommended hours of operation. Police Civilian Investigator, Wendy Joe, speaking on behalf of the Chief of Police, reported that most of the restaurants in the area close between 1:00 a.m. and 2:00 a.m. She added that there is significant oversaturation of alcohol licenses in Reporting District No. 15 and it is the City's highest crime area. The Police Chief has strong opinions regarding alcohol service and crime and 60 percent of the City's crimes are alcohol-related. Police Civilian Investigator Joe noted the need to rectify current practices in order to promote public safety. She reported calling similar five star establishments in surrounding areas, listed their hours of operation and stated that the Police Chiefs recommendation of a 12:30 a.m. closing time is not unreasonable. Discussion followed regarding background music and entertainment, Associate Planner Nova noting that a noise study was not prepared, and detailing recommendations to close windows and doors at 10:00 p.m. when a disc jockey is present to mitigate noise. Associate Planner Nova reported that the applicant has agreed to all of the Conditions of Approval including compliance with the City's noise ordinance. Discussion followed regarding Condition No. 40 relative to VIP passes and Condition No. 12 regarding the last call for alcohol. Chair Kramer verified that the Conditional Use Permit(CUP) runs with the land and will affect future tenants. Associate Planner Nova reported that the prior Use Permit allowed for operating hours until 2:00 a.m. Commissioner Hillgren commented positively on Nobu as a great operator and inquired about the inclusion of a condition specifying that if the use changes significantly,the permit would be subject to review and/or revocation. Assistant City Attorney Michael Torres stated that would be the case with any CUP, explained triggers to changes and requirements for additional reviews by the Planning Commission. Chair Kramer opened the public hearing. Brian Leon, Project Director for Nobu, provided a brief background of the restaurant and addressed its mission and goals. He commented on the hours of operation, and addressed questions from the Commission regarding same. He stated that the plan is to serve food until 12:30 a.m. and explained the request in terms of the hours of operation, live entertainment and special events. He asked for flexibility regarding the number of special events allowed per year. Mr. Leon noted that the restaurant has a thirty-year history of operating responsibly and addressed their comprehensive security plan. He stated that they do not want a nightclub crowd but rather to Page 2 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 11/19/15 create a high-end dining experience and explained that no amplified music would be allowed on the outdoor dining patio after 10:00 p.m. Chair Kramer reported the need for a distinction relative to live entertainment under Condition No. 20 and under Condition No. 19. Discussion continued regarding the hours of operation and Mr. Leon explained that for Friday and Saturday evenings, they would prefer a closing time of 1:00 a.m. with last call by 12:30 a.m. No new guests will be allowed in the restaurant after 12:00 midnight. Chair Kramer commented on Condition No. 13 regarding hours of operation for the outdoor dining patio and the applicant agreed with same. In terms of Condition No. 40, Mr. Leon reported that the wording is broad and that they have no intention of providing VIP passes or two-drink minimums. However, he asked about the ability to charge a flat rate for some events, such as a New Year's fixed price event. Assistant City Attorney Torres suggested revising the language in the condition to allow for such special events. Chair Kramer commented on the reporting area and reiterated that Lido Village should be a sub-set or its own reporting district. Police Civilian Investigator Joe stated that the Police Department does not know what to anticipate, although it is expected that Lido Marina Village will be lively, and noted a resources issue. She commented on the Police Enforcement Team and on the importance of knowing how to use available resources effectively. The Police Department would like the Planning Commission to consider closing the area down between midnight and 1:00 a.m. to help focus resources where they are needed. She reiterated that the Police Chief has strong opinions regarding alcohol service and in early negotiations, he was firm on an 11:00 p.m. conclusion of alcohol service. In his opinion, 11:00 p.m.would be an appropriate closing time for the restaurant. Chair Kramer stated there is not much of a difference between 12:30 a.m. and 1:00 a.m. In reply to Commissioner Hillgren's question regarding differences between week and weekend nights for alcohol service, Police Department Civilian Investigator Joe stated the Department understands the differences and usually agree to have a venue open later on weekend nights. She added that resources are more taxed on weekends than week days. At Commissioner Hillgren's request, Mr. Leon explained the operation in terms of the first and second floors, sound mitigation measures, limiting patio seating and closure of the patio. Associate Planner Nova reported that the conditions would require doors and windows to be closed at 10:00 p.m.when a disk jockey is present to help limit noise going out across the water. Mr. Leon noted that patio speakers would be turned off as well at 10:00 p.m. and stated that there is no exterior access to the second floor. In response to Secretary Koetting's question regarding the possibility of dancing during a small wedding party, Associate Planner Nova reported that it can be requested through a special event permit. Commissioner Weigand commented on available parking for future tenants and Associate Planner Nova reported that staff is tracking restaurants as applications are submitted. She addressed current applications and noted triggers for a new parking study. Commissioner Weigand commented on the importance of having adequate parking. Associate Planner Nova stated that marina parking was incorporated into the Parking Management Plan for Lido Marina Village. In further response to Commissioner Weigand's question regarding the number of special events allowed per year, Associate Planner Nova reported that the conditions state six, but that additional events could be allowed Page 3 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 11/19/15 through a special event permit. She added that a special event permit application requires a thirty day notice and is processed through the Recreation Department. In reply to Vice Chair Brown's question, Associate Planner Nova stated that if the Commission wants to set a higher number, it may do so in the conditions. Deputy Community Development Director Brenda Wisneski reported that Condition No. 29 requires that speakers in the outdoor dining area be turned off at 10:00 p.m. Lindsay Parton, DJM Capital, owners of Lido Marina Village, thanked the Commission for its consideration and commented on Nobu as the anchor leader in the area. He asked that the Commission accommodate their request. In response to Secretary Koetting's question regarding a theme for the entire property, Mr. Parton reported that it is a coastal, Cape Cod type of theme with a contemporary edge at the Nobu building. Chair Kramer asked whether there will be any venues open past 1:00 a.m. and Mr. Parton stated there will not. He added that the only alcohol-related concerns are in terms of party boats, which are unsupervised. He stated that he would like party boats to be more controlled and regulated. Assistant City Attorney Torres reported that charter boats are administered by the Harbor Resources Department through marine activity permits. They are regulated through the permit in terms of what they can and cannot do and the hours of operation. Enforcement is through the Harbor Patrol by the Orange County Sheriffs Department. Mr. Parton addressed the current status of the marina and completion of a marina plan. He reported that party boats will be moved to the west and that they are in the process of submitting a revamped marina plan to the Coastal Commission. George Schroeder spoke in support of the project. He provided a brief history of the area and commented on nearby residential areas at Balboa Coves. Jim Mosher commented on the numbering of resolutions, referenced Condition No. 19 regarding whether that refers to interior or exterior doors and windows and noted an error in a referenced section of the Zoning Code adding that it is missing a letter. Additionally, he reported that one condition in the Police report did not get translated relative to no reduced alcohol promotions after 9:00 p.m. In response to Commissioner Zak's inquiry, Mr. Leon explained the conditions relative to the hours of operation. He added that no new guests will be allowed after midnight. Chair Kramer closed the public hearing. Commissioner Hillgren stated concerns regarding week nights but noted a condition to review the operation in a year. Motion made by Commissioner Hillgren to adopt Resolution No. 2000 approving Conditional Use Permit No. UP2015-040 with restaurant hours closing at 1:00 a.m., Friday and Saturday nights, with restaurant closing hours closing at 12:30 a.m., Sunday through Thursday, and outdoor dining patio hours closing at 12:00 midnight, daily and closing exterior doors and windows. Commissioner Zak suggested adding a condition that if there is a change in operator, the City would need to reevaluate hours of operation. Assistant City Attorney Torres noted that the CUP runs with the land and is not based on the operator. He added that the one-year review is to determine if the conditions have been complied with. Page 4 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 11/19/15 Associate Planner Nova noted that an operator's license is required as part of this application and that the Chief of Police has the authority to restrict the hours and a new operator's license would be required if a new or different restaurant were to come in. Secretary Koetting suggested changing the number of special events to ten instead of six per year,with no carry- over. Chair Kramer suggested changing Condition No. 19 (disc jockey) from 10:00 p.m. to 12:00 midnight. He commented on the distinction made relative to Condition No. 20 (special entertainment) to 12:00 midnight instead of 11:00 p.m. Associate Planner Nova noted that music on the outside patio is addressed in Condition No. 29. Commissioner Hillgren stated that as long as windows and doors are shut, he would accept allowing special entertainment through midnight. Discussion followed regarding modifying language for Condition No. 40 adding "excluding charges for pre-fixed meals". Assistant City Attorney Torres summarized the proposed changes to the Conditions of Approval. He noted that Condition No. 12 has been amended so that on Friday and Saturdays, the operation would end at 1:00 a.m., Condition No. 19 has been amended to clarify that the exterior doors and windows shall be shut and moving the hours from 10:00 p.m. to 12:00 midnight, Condition No. 20 has been modified to allow live entertainment up to ten times per year and to change the time it must stop from 11:00 p.m. to 12:00 midnight, and Condition No. 40 has been amended to include language that excludes charges for prix-fixe meals. Relative to Condition No. 12, Associate Planner Nova noted the need to add "Doors shall be closed to new customers one hour prior to closing hour and last call for alcoholic beverages shall occur one-half hour prior to the closing hour of the restaurant". Discussion followed regarding the possibility of reviewing the matter annually. Assistant City Attorney Torres recommended keeping the one year review and addressing non-compliance as necessary through Code Enforcement. Staff or any member of the public could bring instances of non- compliance to the Commission's attention. Motion made by Commissioner Hillgren and seconded by Vice Chair Brown to adopt Resolution No. 2000 approving Conditional Use Permit No. UP2015-040, with the modified Conditions of Approval. AYES: Brown, Hillgren, Koetting, Kramer,Weigand, Zak ABSENT: Lawler VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION - None ITEM NO. 5 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee Deputy Community Development Director Wisneski noted that the Implementation Plan has been submitted to the Coastal Commission. The Coastal Commission is required to respond to the City, within ten days, whether or not the submission is complete and subsequently have sixty days to present it to the Commission. 2. Update on City Council Items Page 5 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 11/19/15 Deputy Community Development Director Wisneski reported that the next City Council meeting will be on Tuesday, November 24, 2015, where Council will review the Lido House Hotel amendment considered at the last Planning Commission meeting. Additionally, she reported that an Environmental Impact Report (EIR)will be prepared for the Newport Center Villas project. Council will consider a contract for preparation of the EIR. She reported that the telecommunications project recently heard by the Planning Commission was appealed by Verizon and will be considered by Council in January, 2016. 3. Overview of the City's Design Review Process Deputy Community Development Director Wisneski provided a brief overview of the City's Design Review Process as requested by Secretary Koetting. The presentation indicated there are several design related policies in the General Plan, specific design guidelines for signs and guidelines for several areas in the City. ITEM NO. 6 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT- None ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES - None IX. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 8:11 p.m. to the Planning Commission meeting of December 3, 2015. The agenda for the Planning Commission meeting was posted on Friday, November 13, 2015, at 2:44 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive and on the City's website on Friday, November 13, 2015, at 2:29 p.m. Kory Kramer, Chair Peter Koetting, Secretary Page 6 of 6 Planning Commission - December 3, 2015 Item No. 1 a Additional Materials Received Draft Minutes of November 19, 2015 Dec. 3, 2015, Planning Commission Agenda Item Comments Comments on Newport Beach Planning Commission regular meeting agenda item submitted by: Jim Mosher( limmosher(d),,yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 1. MINUTES OF NOVEMBER 19, 2015 Suggested changes to the draft minutes passages in italics are indicated in strikeout underline format. Page 1, Item 1 (vote): "ABSF€NSi9N ABSTENTIONS: Hillgren, ZaK' (or"ABSTAIN' Page 1, Item 2 (vote): "ARST o��crnnABSTENTION: Koetting" (or"ABSTAIN`) Page 3, paragraph 5: "Associate Planner Nova reported that the conditions would require doors and windows to be closed at 10:00 p.m. when a disk disc jockey is present to help limit noise going out across the water." [note: "disc" is the spelling that was used throughout the Nobu staff report as well as elsewhere in the present minutes. Whether the term "disc jockey," however spelled, captures what was intended, or not, is another matter...] Page 4, paragraph 8: "George Schroeder spoke in support of the project. He provided a brief history of the area and commented on nearby residential areas at Balboa Coves." [Although Mr. Schroeder spoke in support of the Nobu project as proposed, the above statement seems a bit misleading since I seem to recall he also said he thought the 12:30 a.m. closing time recommended in the staff report was already a compromise that had been committed to by the applicant at a public meeting arranged by the Mayor Pro Tem with area residents, that those who attended that meeting hadn't come to testify before the Planning Commission because they had assumed the Commission and applicant would honor the previous commitment, and any further extension of the hours would be seen by the public as a "double cross."] Page 4, paragraph 9, last sentence: "Additionally, he reported that one condition in the Police report did not get translated into the resolution relative to no reducedrp ice alcohol promotions after 9:00 p.m." Page 5, paragraph 6: "Discussion followed regarding modifying language for Condition No. 40 adding "excluding charges for pre A*ed prix fixe meals"." [note: the French phrase for"fixed price" appears again, with the proper spelling, at the end of paragraph 7, but with a hyphen inserted between the two words]