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Home My WebLink About07/06/2017 - Planning Commission NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS—100 CIVIC CENTER DRIVE THURSDAY, JULY 6, 2017 REGULAR MEETING—6:30 p.m. 1. CALL TO ORDER- The meeting was called to order at 6:31 p.m. 11. PLEDGE OF ALLEGIANCE—Chair Kramer III. ROLL CALL PRESENT: Chair Kory Kramer, Vice Chair Peter Koetting, Secretary Peter Zak, Commissioner Bill Dunlap, Commissioner Lauren Kleiman, Commissioner Erik Weigand ABSENT: Commissioner Lee Lowrey Staff Present: Director Kim Brandt, Deputy Director Brenda Wisneski;Assistant City Attorney Michael Torres; City Traffic Engineer Tony Brine, Police Civilian Investigator Wendy Joe, Planning Manager Patrick Alford, Senior Planner Gregg Ramirez,Assistant Planner Chelsea Crager,Assistant Planner Liz Westmoreland, Administrative Support Specialist Jennifer Biddle,Administrative Support Technician Patrick Achis IV. RECOGNITION OF BRAD HILLGREN AND RAYMOND LAW.LEfVtOR THEIR DEDICATION AND YEARS OF SERVICE ON THE PLANNING COMMISSION Chair Kramer thanked former Commissioners Hillgren16rd Lawl_e_r..for their many years of service. Mr. Hillgren indicated his service on the Commission had been a pleasure and expressed appreciation for the Commissioners'knowledge and dialogs. Mr. Hillgren_noted"the_quality of staff and their work had improved d that_Jim M:asher's comments were sometimes challenging incredibly during his tenure with the Commission, an but they sharpened the Commission's approach- .evaluating agenda items. Mr. Lawler thanked staff and Commissioners_for the pleasure of serving with them, adding that the Commissioners did not always agree but they_always_had a robust debate. He appreciated the opportunity to serve the City. -- NEWPORT BEACH PLANNING COMMISSION MINUTES 07/06/2017 Nomination made by Chair Kramer of Commissioner Koetting as Chair, Commissioner Zak as Vice Chair, and Commissioner Weigand as Secretary. AYES: Kramer, Koetting, Zak, Dunlap, Kleiman,Weigand NOES: None ABSTAIN: None ABSENT: Lowrey Chair Koetting thanked Commissioners for electing him as Chair. VII. PUBLIC COMMENTS George Schroeder congratulated the officers on their election and thanked Mr. Hillgren and Mr. Lawler for their service on the Planning Commission. Mr.Schroeder explained the Commission, City and staff were doing a great job such that he no longer needs to attend meetings to comment. He thanked Commissioner Kleiman and Commissioner Lowrey for agreeing to serve on the Planning Commission. VIII. REQUEST FOR CONTINUANCES None. IX. CONSENT ITEMS ITEM NO.2 MINUTES OF JUNE 8,2017 Recommended Action: Approve and file Chair Koetting announced this item is continued&- ft._ X. PUBLIC HEARING ITEMS ITEM NO. 3 TOTAL WINE AND MORE'CONDITI-.ONAL USE PERMIT(PA2017-043) Site Location 12$0 Bisoni Avenue Assistant Planner Liz W. W— elandZ reported that the project is a request to allow retail sale of alcoholic beverages with associated beer 9-MRwine fasting and education events. The site is located within the Newport North Shopping Center_=at,1280 Bison_Avenue. No late hours of operation are requested. The Newport North Shopping Center conta nsa�a mix of fre-tail stores, restaurants, fitness facilities, and other similar uses. The subject space consists of 1' 2!L=square feet and is currently occupied by Petco. The shopping center is served by an existing 269-spae0s1urface parking lot. The subject property provides required parking and is located within Commercial Area 3 of the North Ford Planned Community. The requested alcoholic beverage license requires approval of a conditional use permit by the Planning Commission. The applicant is requesting three Alcoholic Beverage Control Board (ABC) licenses: a Type 21 for Off-Sale, General Full Liquor which, is the standard retail license for off-site consumption sales held by markets and grocery stores, a Type 86 for instructional tasting served by distributers and manufacturers, and a Type 42 to allow service of tasting samples served by Total Wine employees on-site. The Type 21 license would apply throughout the public areas of the store; however, the Type 86 and 42 licenses would be restricted to the circular tasting area located at the rear of the store. During events, the designated area would be segregated by a temporary barrier with signage that only persons over 21 years of age may be within the barrier. Typically, samples of beer and wine are given to groups consisting of two to four people. Education classes are likely to serve five to ten people. As requested by the applicant and as conditioned, customers would be limited to two ounces per taste with no more than eight ounces served to a patron in any one day. The Police Department has made no objection to the project as conditioned. Staff recommends approval of Conditional Use Permit No. UP2017-004 subject to the findings and conditions contained within the Resolution. Commissioner Kleiman requested a clarification between on-sale consumption and on-site consumption on Page 9, Section 21. Deputy Director Wisneski indicated that on-site consumption was the appropriate term. 2of6 NEWPORT BEACH PLANNING COMMISSION MINUTES 07/06/2017 In response to Chair Koetting's inquiries, Assistant Planner Westmoreland advised that the area of consumption and the amount of alcohol consumed will be restricted to the designated tasting area. Police Civilian Investigator Joe indicated that ABC will condition the Type 42 license and will restrict the consumption to the tasting area and how the area is cordoned off. In reply to Commissioner Weigand's questions,Assistant Planner Westmoreland stated deliveries will be made via the area at the front but delivery vehicles will park away from the other tenant spaces. In response to Commissioner Dunlap's question, Police Civilian Investigator Joe explained that Type 42 and 86 licenses distinguish service by employees and by distributors for insurance and training purposes. Assistant Planner Westmoreland indicated that the Type 86 is subordinate to the Type 21 and that Type 42 is a more general license. Chair Koetting opened the public hearing. Steve Rawlings, representing the applicant, stated the applicant agreed with the findings and draft conditions of approval as presented to the Commission. Wine tasting classes are the most popular event hosted by Total Wine and More. Classes are booked online and last for approximately an hour. Attendees are given very small tastings. Total Wine and More will offer tasting classes-1 af"craft beers made in Newport Beach and surrounding areas. Tastings will be restricted to the designated-a_r:,_ea, which is cordoned from the remainder of the space. Store policy is not to allow anyone under 21__ye`ars of=age in the store. In reply to Chair Koetting's query, Mr. Rawlings indicated classes are--pically limited to ten participants. Typically,wine tasting classes are scheduled once a month on a Saturday or Sunday afternoon. Occasionally, tastings are held on Thursday or Friday. -- NEWPORT BEACH PLANNING COMMISSION MINUTES 07/06/2017 In reply to Commissioner Weigand's questions, City Attorney Torres did not believe Commissioner Kramer's motion included Mr. Mosher's suggested changes. Condition Numbers 11 and 25 are duplicative with Number 25 containing more information. Deputy Director Wisneski requested the motion include deleting Condition Number 11, correcting Condition Number 21 to indicate "on-site", and revise Condition Number 28 so that it makes sense and references Condition Numbers 26 and 27. Assistant City Attorney Torres concurred with the revisions. Commissioner Kramer agreed to incorporate staff's requested revisions into the motion. Amended Motion made by Commissioner Kleiman and seconded by Commissioner Dunlap to adopt Resolution No. 2060. approving Conditional Use Permit No. UP2017-004; and finding this project exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines under Class 1 with Deputy Director Wisneski's revisions and with the store hours changed to 9 a.m. to 10 p.m. Monday through Sunday. Amended Motion AYES: Dunlap, Kleiman NOES: Kramer, Koetting, Zak,Weigand NEWPORT BEACH PLANNING COMMISSION MINUTES 07/06/2017 In reply to Commissioner Kleiman's query, Assistant Planner Crager reported the address for 200 Via Eboli changed to 300 Piazza Lido. Chair Koetting opened the public hearing. Jim Mosher questioned whether the limit of amending the Local Coastal Program only three times per year applied to the Land Use Plan or Title 21. Deputy Director Wisneski indicated the limit applies to the entire Local Coastal Program,which includes the Land Use Plan and Title 21. Staff intends to package many minor amendments in order to comply with the limit of three amendments. Assistant City Attorney Torres clarified that the limit of three amendments applied to major amendments, not to de minimis amendments such as this. In response to Chair Koetting's question, Deputy Director Wisneski advised that she was not aware of any pending applications for these properties. Chair Koetting closed the public hearing. Motion made by Commissioner Kramer and seconded by Commissioner Weigand to adopt Resolution No.2061. recommending the City Council approve Zoning Code Amendment No. CA2016-004 amending Setback Map Nos. S-3A and S-313; adopt Resolution No. 2062 recommeh- the City Council approve Local Coastal Program Amendment No. LC2017-004 and authorize submittal ta:-;the California Coastal Commission; and finding this project exempt from the California Environmental Quality=Act pursuant to Section 15305 of the CEQA Guidelines, Class 5. - NEWPORT BEACH PLANNING COMMISSION MINUTES 07/06/2017 Deputy Director Wisneski stated she was not aware of any formal complaints related to signs placed on vehicles or vehicles parking for an extended period of time. Assistant City Attorney Torres reported his office, the Police Department, and Code Enforcement are reviewing the issue and considering solutions. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES Commissioner Kramer requested an excused absence for the August 3 meeting. XII. ADJOURNMENT— 7:30 p.m. The agenda for the Planning Commission meeting was posted on Friday, June 30, 2017, at 3 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, June 30, 2017, at 2:30 p.m. Pe r Koettin , Chair Erik Weigand, SEVretary 6of6