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HomeMy WebLinkAbout2.0_Draft Minutes_07-06-2017NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE THURSDAY, JULY 6, 2017 REGULAR MEETING — 6:30 p.m. CALL TO ORDER - The meeting was called to order at 6:31 p.m. II. 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 LAWLER FOR THEIR DEDICATION AND YEARS OF SERVICE ON THE PLANNING COMMISSION Chair Kramer thanked former Commissioners Hillgren and Lawler 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 incredibly during his tenure with the Commission, and that Jim Mosher's comments were sometimes challenging but they sharpened the Commission's approach to 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. Deputy Director Wisneski on behalf of Planning staff expressed appreciation for Mr. Hillgren and Mr. Lawler helping staff become better planners. Chair Kramer invited everyone to a reception honoring Director Brandt on her retirement. V. INTRODUCTION OF COMMISSIONERS LAUREN KLEIMAN AND LEE LOWREY FOR THEIR APPOINTMENT TO THE PLANNING COMMISSION Chair Kramer welcomed Commissioner Kleiman. Commissioner Kleiman introduced herself and expressed pleasure to be working with the Commission. VI. ELECTION OF OFFICERS ITEM NO. 1 ELECTION OF OFFICERS The Commission will elect officers to serve for the year: • Chair • Vice Chair • Secretary Chair Kramer thanked Commissioners, staff, and residents for their trust in him as Chairman. He announced the procedure for nominations and voting. Chair Kramer opened the floor for nominations. 1 of 6 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 D'4 None. ITEM NO. 2 MINUTES OF JUNE 8, 2017 Recommended Action: Approve and file Chair Koetting announced this item is continued. X. PUBLIC HEARING ITEMS ITEM NO. 3 TOTAL WINE AND MORE CONDITIONAL USE PERMIT (PA2017-043) Site Location: 1280 Bison Avenue Assistant Planner Liz Westmoreland reported that the project is a request to allow retail sale of alcoholic beverages with associated beer and wine tasting 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 contains a mix of retail stores, restaurants, fitness facilities, and other similar uses. The subject space consists of 10,925 square feet and is currently occupied by Petco. The shopping center is served by an existing 269 -space surface 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. 2 of 6 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 of craft beers made in Newport Beach and surrounding areas. Tastings will be restricted to the designated area, which is cordoned from the remainder of the space. Store policy is not to allow anyone under 21 years of age in the store. In reply to Chair Koetting's query, Mr. Rawlings indicated classes are typically 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. In response to Commissioner Kleiman's request, Mr. Rawlings reported store hours are typically 8 a.m. to 11 p.m., but the store usually operates from 9 a.m. to 10 p.m. The hours of operation planned for this location are 9 a.m. to 10 p.m. The extra hours are for flexibility, for example during the holidays. In response to Commissioner Weigand's question, Mr. Rawlings stated deliveries almost invariably occur during the morning hours. Delivery trucks will likely park on the easterly side of the parking lot away from stores. Employees may be in the store as early as 6 a.m. to accept deliveries. Few deliveries occur on the weekend. Jim Mosher explained that the term on sale seemed to be shorthand for "on-site sale" and agreed that the use of "on-site" in the resolution is better. He indicated the black and white copies were not clear and suggested staff highlight the particular suite that the application applies to. He liked that the Police Department's conditions were listed together in the staff report and the use of italics for nonstandard conditions. He suggested deleting Condition Number 11 in favor of Condition Number 25 since they appeared to be duplicative. Condition Number 28 needed clarification. Chair Koetting closed the public hearing In reply to Chair Koetting's questions, Deputy Director Wisneski reported Champagne's Deli has a license for off-site sale. The sale of alcoholic beverages has occurred in the shopping center prior to this application. Motion made by Commissioner Kramer and seconded by Vice Chair Zak 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. Commissioner Kleiman requested an amendment to the motion to change the store closing hour from 11 p.m. to 10 P.M. Commissioner Kramer indicated staff and the Police Department found the 11 p.m. closing time reasonable as did he. 3 of 6 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 staffs 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 exemptfrom 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. I'_r� 1 r-T:1i'i AYES: Dunlap, Kleiman NOES: Kramer, Koetting, Zak, Weigand ABSTAIN: None ABSENT: Lowery Motion AYES: Kramer, Koetting, Zak, Dunlap, Kleiman, Weigand NOES: None ABSTAIN: None ABSENT: Lowery ITEM NO.4 CODE AMENDMENT FOR SETBACK MAPS S -3A AND S-3113 (PA2016.066) Site Location: 203 Via Ithaca, 300 Piazza Lido, 328 Piazza Lido, 332 Piazza Lido, 335 Piazza Lido, 408 Piazza Lido, 412 Piazza Lido, 416 Piazza Lido Deputy Director Wisneski reported that the item would clean up setback maps. Assistant Planner Chelsea Crager advised that the Commission previously heard the item to initiate the Code Amendment. In 2010, a comprehensive Zoning Code updated digitized historic districting maps into setback maps. The intent of the update was to carry forward existing setbacks rather than to alter or add to setbacks. For seven of the eight properties, setback maps labeled additional setbacks that were never referenced on the historic map. For the eighth property, the setback map labeled the property unclearly. On the historic maps, the northern properties have front setbacks labeled along Piazza Lido and no additional setbacks referenced. On the historic maps, the southern property clearly has three labeled setbacks. For the seven northern properties, the bold lines representing front setbacks were carried over to side property lines. For the southern property, it is unclear that the bold line was intended to have four labeled on one side. Staff is attempting to correct errors in the setback maps as they find them. Staff recommends the Commission recommend the City Council approve the Zoning Code amendment, approve the Local Coastal Plan amendment, and authorize submittal to the California Coastal Commission. In reply to Chair Koetting's inquiries, Assistant Planner Crager indicated staff will have additional corrections. Because these properties are located in the Coastal Zone, any changes to Title 21 have to be approved by the Coastal Commission. Deputy Director Wisneski added that staff has not spoken with Coastal Commission staff about this type of item. Staff suggested the Coastal Commission may consider this type of item as minor and process them as a de minimis amendment. In response to Commissioner Dunlap's question, Deputy Director Wisneski explained thatthe Coastal Commission certified the Local Coastal Program, which is the Citys regulatory document. This amendment changes the regulatory document. Therefore, the Coastal Commission has to approve the amendment. 4 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES XI. 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 -3B; adopt Resolution No. 2062 recommending the City Council approve Local Coastal Program Amendment No. LC2017-004 and authorize submittal to 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. AYES: Kramer, Koetting, Zak, Dunlap, Kleiman, Weigand NOES: None ABSTAIN: None ABSENT: Lowrey STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION None. ITEM NO. 6 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on City Council Items Deputy Director Wisneski reported the July 20 tentative agenda includes the Mariner's Mile Revitalization Plan. Staff will hold a mini study session on the Plan with new Commissioners and an informal public meeting with key community members. The July 20 agenda also contains an item for Ullman Sail Lofts, which is a mixed-use project on the Peninsula. The August 3 tentative agenda includes an amendment to the Lido Marina Village Parking Management Plan. In response to Chair Koetting's questions, Deputy Director Wisneski advised that Lido Marina Village made some changes to allow employees to park in the parking structure for free rather than take a shuttle. If no other items come up, staff may continue the item to another meeting. ITEM NO. 7 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT Commissioner Weigand reported he provided updates to the Corona del Mar Residents Association. Residents expressed concern about trucks with advertising signs and motor homes parking on Old Newport Boulevard for an extended amount of time but less than the 72 -hour limit. He questioned whether there was any desire for enforcement or for an overnight parking restriction. 5of6 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. Peter Koetting, Chair Erik Weigand, Secretary 6of6