HomeMy WebLinkAbout1.0_Draft Minutes_01-18-2018NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, JANUARY 18, 2018
REGULAR MEETING — 6:30 P.M.
CALL TO ORDER —The meeting was called to order at 6:30 p.m.
II. PLEDGE OF ALLEGIANCE — Commissioner Lowrey
III. ROLL CALL
PRESENT: Chair Peter Koetting, Vice Chair Peter Zak, Secretary Erik Weigand, Commissioner Bill Dunlap,
Commissioner Kleiman, Commissioner Kory Kramer (arrived at 7:55 p.m.), Commissioner Lee Lowrey
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Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim
Campbell, Assistant City Attorney Michael Torres, City Traffic Engineer Tony Brine, Police Civilian Investigator
Wendy Joe, Principal Planner Gregg Ramirez, Associate Planner Rosalinh Ung, Assistant Planner Chelsea
Crager, Administrative Support Specialist Brittany Ramirez, Administrative Technician Patrick Achis
IV. PUBLIC COMMENTS
Jim Mosher remarked that the Planning Commission's December review of a project for compliance with Title 21
of the Municipal Code was cursory and deficient. He attempted to appeal the Planning Commission's finding of
compliance to the City Council, but staff refused the appeal by claiming a Code provision requires questions of
compliance to be appealed with all other matters related to a project and a fee. There is no such provision. The
Planning Commission should encourage the City Council to impose a new rule clarifying that the public can appeal
Code interpretations to the Planning Commission for a nominal charge. If staffs interpretation is wrong, the appeal
fee should be refunded.
Murphy McCann requested the Planning Commission ensure the sidewalk project on 15th Street, across from
Newport Heights, and the traffic study remain a priority for staff.
V. REQUEST FOR CONTINUANCES
Deputy Director Jim Campbell requested Item Number 4, the Myers property, be continued to February 8, 2018
and Item Number 5, the Balboa Theater, be removed from the calendar. Chair Koetting advised that each request
will be considered when each item is called.
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF DECEMBER 7, 2017
Recommended Action: Approve and file
Motion made by Commissioner Weigand and seconded by Commissioner Kleiman to approve the draft minutes
of the December 7, 2017, meeting with the inclusion of Jim Mosher's revisions.
AYES:
Koetting, Weigand, Dunlap, Kleiman, Lowrey
NOES:
None
ABSTAIN:
Zak
ABSENT:
Kramer
VII. CONTINUED BUSINESS:
ITEM NO. 2 76 STATION EXPANSION (PA2017-067)
Site Location: 1461 Superior Avenue
Continued from November 9, 2017
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Summary:
A conditional use permit to expand an existing service station convenience store. The request includes
the addition of a Type 20 (Off -Sale Beer and Wine) Alcoholic Beverage Control (ABC) License, an
increase in hours of operation, and a modification to the landscaping requirements. On November 9,
2017, the Planning Commission conducted a public hearing and continued consideration of the project to
this meeting. The Commission expressed concerns with the project height, size of the second story, the
visual impacts of the rear elevation to the adjacent residential property, lighting impacts on adjacent
residential properties, and requested hours of operation. The applicant has revised the project. If
approved, this Conditional Use Permit would supersede Use Permit No. UP3566.
Recommended Action:
1. Conduct a public hearing, and if the applicant's proposed changes to the project address
Commission concerns and the Commission is able to make all of the required findings;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant
effect on the environment; and
3. Adopt Resolution No. PC2018-001 approving Conditional Use Permit No. UP2017-007
(Attachment to PC 1).
Assistant Planner Chelsea Crager reported the existing 76 station is located at the west corner of Superior and
Placentia Avenues and is surrounded, on three sides, by residential uses. A bank is located across from the
station, on Superior Avenue. The application requests a Type 20 ABC license for off -sale beer and wine and
expansion of the convenience store to include a second story. On November 9, 2017, the Planning
Commission continued the application after raising concerns about the project. The Commission requested
the applicant provide photometric studies for existing and proposed conditions, decrease the height of the
building, decrease the area of the second story or eliminate the entire second story, provide a rear elevation,
and decrease hours of operation. The applicant now proposes closing at midnight, a maximum building height
of 24 feet, and a smaller second story of 1,613 square feet compared to the previous design. Photometric
studies show that the proposed condition decreases light spillover to the surrounding properties and brightens
the onsite condition. The second story will be used for an office and storage and will not be part of the retail
area. The rear elevation shows no windows facing the immediately adjacent senior living facility. The applicant
did not propose any changes to the car wash, which closes at 6:00 p.m., daily, or the parking layout, which
provides 23 spaces. Because of the decrease in floor area, the current proposal requires 20 parking spaces
resulting in a surplus of 3 spaces. The applicant has amended the landscape plan to increase the amount of
landscape materials but continues to request modifications from the service station design guidelines. Staff
believes there is justification to support the modifications because they support adequate circulation, street
access, and onsite parking. Staff recommends approval of business closure at midnight, which complies with
the current use permit. Currently, the business operates until 10:00 p.m. Staff recommends the Commission
find the project exempt from CEQA and approve the project subject to conditions.
In response to Chair Koetting's inquiries, Assistant Planner Crager advised that the applicant is proposing
compliance with the quantity of landscaping materials including trees and shrubs. Driveways will remain the
same. The photometric plan shows lighting at the rear of the building.
Commissioner Kleiman reported she had a phone call with the applicant, and Commissioner Weigand reported
he spoke with members of the public. Remaining Commissioners reported no ex parte communications.
Chair Koetting opened the public hearing.
Joseph Karaki, project architect, concurred with staffs conditions. The project complies with the Commission's
concerns regarding hours of operation and the building height and size.
In answer to Chair Koetting's question, Mr. Karaki indicated the second floor will be utilized as an office and
storage and will not be a rental unit.
In reply to Commissioner Dunlap's query, Mr. Karaki stated the left side of the building, as shown in the front
elevation, is all tinted glass. One will be able to see out of the building but not into the building.
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In response to Commissioner Weigand's inquiry, Mr. Karaki agreed to ceasing the sale of beer and wine at
10:00 p.m. and to closing the store at midnight. Security measures will prevent the public from purchasing
beer and wine after 10:00 p.m., and employees will receive training. The business operator will not sell single
containers. Assistant Planner Crager added that staff can add a condition prohibiting the sale of single
containers.
Commissioner Weigand noted public concern about market over -saturation. The Police Department had
informed him that it cannot enforce the cessation of beer and wine sales when other products can be sold.
After some discussion among Commissioners and staff, Mr. Karaki clarified that the refrigerated compartments
containing beer and wine will be locked at 10:00 p.m. to prevent beer and wine sales. The business owner will
need to continue sale of other products to recoup his investment in a larger convenience store.
In reply to Commissioner Weigand's query, Police Civilian Investigator Wendy Joe advised that alcohol sales
will be more difficult to enforce if the store remains open because an officer will have to perform spot checks.
In response to Commissioner Kleiman's comments, Mr. Karaki explained that the renovation includes
expansion of the convenience store to make the remodel feasible. The business owner wants to offer beer
and wine to bring more customers into the store and increase sales.
Peggy Palmer, resident on Kings Road, read the findings of denial for another application for an ABC license
and remarked that these findings also apply to this application. The staff report states the 7 -Eleven and Minute
King are 500 feet away from the 76 station, which is inconsistent with the findings. Also, three liquor stores
are located in the area.
Jim Mosher suggested the second story of the building may obstruct views from the adjacent senior living
facility. Perhaps the building could be lower.
David Fishman, resident of 6 Geneve and owner of 1501 Superior Avenue an office building across the street,
provided copies of correspondence with police officers regarding past alcohol-related issues. Alcohol-related
issues date back to his purchase of the Superior Avenue property in 2005. He preferred the Planning
Commission deny the alcohol license or, at a minimum, limit shelf space.
Tom Fredericks, Irvine Terrace, remarked that alcohol sales at gas stations is not a good idea
Chair Koetting closed the public hearing.
At Commissioner Dunlap's request, Police Civilian Investigator Joe reported a high number of calls for service
in the area. The Commission's packet contains statistics from 2016 only. Officer Yim works with transients
and business owners in the area and is familiar with the area.
In reply to Commissioner Lowrey's question, Assistant City Attorney Michael Torres advised that a number of
things can trigger review of a use permit. Generally, code enforcement actions trigger review and are based
on repeated incidents as well as police activity.
In answer to Vice Chair Zak's inquiry, Police Civilian Investigator Joe indicated the Police Department did not
have issues with the conditions of approval because the area is not over -saturated with alcohol licenses.
Vice Chair Zak expressed concerns about constraining this business owner when a business owner across
the street is not subject to the same constraints.
Commissioner Kleiman commented that the addition of a convenience store with alcohol sales is unnecessary
and invites unwanted issues without clear justification or need. She did not hear a compelling argument from
the applicant in support of alcohol sales. Given the proximity to Hoag Hospital, she was even more hesitant
to further complicate social issues.
Chair Koetting reiterated the applicant's agreement to modify the conditions to cease alcohol sales at 10:00
p.m. by locking the refrigerated compartments.
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Motion by Chair Koetting to find this project exempt from the California Environmental Quality Act pursuant to
Section 15301 of the CEQA Guidelines and to adopt Resolution No. PC2018-001 approving Conditional Use
Permit No. UP2017-007 subject to beer and wine sales ceasing and the beer and wine cabinets being locked
at 10:00 p.m. The motion failed for lack of a second.
Motion by Commissioner Kleiman and seconded by Commissioner Dunlap to find this project exempt from the
California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines and to adopt Resolution
No. PC2018-001 approving Conditional Use Permit No. UP2017-007 without alcohol sales.
Alternate motion (as amended) by Vice Chair Zak and seconded by Commissioner Lowrey to find this project
exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines and to
adopt Resolution No. PC2018-001 approving Conditional Use Permit No. UP2017-007 with conditions of
approval to cease beer and wine sales at midnight and to return to the Planning Commission for review in six
months.
Commissioner Dunlap believed that alcohol sales across the street from the project should not be a factor in the
Planning Commission's decision. The Planning Commission should look at the effect of alcohol sales on
neighborhoods.
Vice Chair Zak felt that was a policy issue for the City Council.
Alternate Motion (motion fails)
AYES:
Zak, Lowrey
NOES:
Koetting, Weigand, Dunlap, Kleiman
ABSTAIN:
None
ABSENT:
Kramer
Motion (motion fails)
AYES:
Dunlap, Kleiman
NOES:
Koetting, Zak, Weigand, Lowrey
ABSTAIN:
None
ABSENT:
Kramer
Motion by Vice Chair Weigand and seconded by Commissioner Dunlap to find this project exempt from the
California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines and to adopt Resolution
No. PC2018-001 approving Conditional Use Permit No. UP2017-007 with conditions of approval to cease beer
and wine sales at 7:00 p.m. and to return to the Planning Commission for review in one year.
Commissioner Weigand remarked that the motion is a compromise for the community and the business owner
and provides flexibility for the Planning Commission to increase the hours of alcohol sales in the future.
Commissioner Kleiman stated alcohol licenses are a privilege and run with the land. A six-month review will not
provide sufficient data for Commissioners to discern issues.
Alternate motion by Vice Chair Zak and seconded by Chair Koetting to find this project exemptfrom the California
Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines and to adopt Resolution No.
PC2018-001 approving Conditional Use Permit No. UP2017-007 with conditions of approval to cease beer and
wine sales at 10:00 p.m. and for review in six months.
Alternate Motion (motion fails)
AYES:
Koetting, Zak, Lowrey
NOES:
Weigand, Dunlap, Kleiman
ABSTAIN:
None
ABSENT:
Kramer
Mr. Karaki requested alcohol sales cease at 10:00 p.m. and agreed to a review as often as the Commission
chooses.
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NEWPORT BEACH PLANNING COMMISSION MINUTES
Motion withdrawn by Commissioner Weigand.
1/18/2018
Motion by Commissioner Weigand and seconded by Vice Chair Zak to continue this item to Commissioner
Kramer's arrival.
Commissioner Kleiman noted Commissioner Kramer has not heard any of the comments or discussion. Vice
Chair Zak stated Commissioner Kramer will have read the project information and had participated in the
previous hearing on this item.
AYES:
Koetting, Zak, Weigand, Dunlap, Lowrey
NOES:
Kleiman
ABSTAIN:
None
ABSENT:
Kramer
[At this time, the Commission proceeded to Item Number 3 and returned to this item following Item Number 5.]
Assistant City Attorney Torres reported Commissioner Kramer had reviewed the minutes and recording of the
prior hearing and the material for the current meeting and is comfortable with participating in a decision on the
application. Commissioner Kramer concurred with Assistant City Attorney Torres' comments.
Chair Koetting reiterated for Commissioner Kramer's benefit that the business can remain open until midnight,
but beer and wine compartments will be locked at the appropriate time.
Motion by Commissioner Weigand and seconded by Commissioner Dunlap to find this project exempt from the
California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines and to adopt Resolution
No. PC2018-001 approving Conditional Use Permit No. UP2017-007 with conditions of approval to cease beer
and wine sales at 8:00 p.m., to prohibit sale of single containers of beer, and to return for a review in one year.
Alternate motion by Vice Chair Zak and seconded by Commissioner Lowrey find this project exempt from the
California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines and to adopt Resolution
No. PC2018-001 approving Conditional Use Permit No. UP2017-007 with conditions of approval to cease beer
and wine sales at 10:00 p.m. and to prohibit sale of single containers of beer.
Alternate Motion
AYES:
Koetting, Kramer, Lowrey, Zak
NOES:
Dunlap, Kleiman, Weigand
ABSTAIN:
None
ABSENT:
None
[The Commission proceeded to Item Number 6.]
VIII. PUBLIC HEARING ITEMS:
ITEM NO. 3 URBAN CUP MINOR USE PERMIT (PA2017-096)
Site Location: 2200 West Ocean Front
Summary:
A minor use permit for the addition of a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage Control
(ABC) license to an existing food service, eating and drinking establishment use (restaurant). The existing
small restaurant is 1,625 square feet and includes 450 square feet of net public area and 32 seats. Hours
of operation are 7 a.m. to 11 p.m. daily. There are no late hours (after 11 p.m.) proposed. If approved
this minor use permit would supersede UP3535 that authorizes and limits the current use.
Recommended Action:
1. Conduct a public hearing:
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2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15270 of the CEQA Guidelines, because it has no potential to have a significant effect on the
environment; and
3. Adopt Resolution No. PC2018-002 denying Minor Use Permit No. UP2017-013.
Assistant Planner Crager reported the application requests an ABC license for on -sale beer and wine for an
existing restaurant. The restaurant is located in a mixed-use water -related zone near residential and commercial
uses. The restaurant includes 450 square feet of interior net public area and 32 seats. The proposed hours of
operation are 7:00 a.m. to 11:00 p.m., daily. The Zoning Administrator heard the application and referred it to the
Planning Commission. The restaurant is located in the Police Department's Reporting District 15, which has a
high concentration of on -sale alcohol licenses and alcohol-related crime. For this reason, staff recommends denial
of the application. If the Planning Commission chooses to approve the application, staff has provided a draft
resolution and conditions of approval.
Commissioner Lowrey reported ex parte communications with the property owner and their consultant.
Commissioner Weigand reported communications with the applicant and members of the public. Chair Koetting
and Commissioners Dunlap, Zak, and Kleiman reported no ex parte communications.
Chair Koetting opened the public hearing.
Marice DePasquale, applicant representative, advised that the area in which the restaurant is located is intended
to serve residents, visitors, and the broader community. Other businesses in the area have been granted the
privilege of an ABC license. The applicant requests an ABC license in order to compete successfully with other
restaurants in the area. Urban Cup is the only restaurant on Ocean Front with indoor seating that does not offer
at least beer and wine sales.
Fran Ursini, property owner, remarked that the area had changed since he operated a restaurant at the Oceanfront
location. Restaurants have to offer what the public wants year-round in order to be successful.
Aidan Nguyen, business owner, reiterated the need to offer beer and wine to customers. He operates two
additional restaurants, one on 17th Street and one in Orange.
In answer to Commissioner Lowrey's query, Mr. Nguyen indicated he opened the restaurant approximately a year
ago.
Mario Marovic, owner of 2122 West Ocean Front, believed the Ursini family will ensure tenants operate correctly.
Chair Koetting closed the public hearing.
Commissioner Weigand proposed adjusting the hours of operation to closing at 9:00 p.m., September through
May, and 10:00 p.m., June through August, with a review at the end of one year, if the applicant was amenable.
In answer to Mr. Nguyen's question, Commissioner Weigand indicated the Planning Commission would determine
whether or not to increase the hours of operation at the review. Mr. Nguyen agreed to the proposal.
In reply to Chair Koetting's question, Mr. Nguyen indicated the restaurant usually closes at 11:00 p.m., but they
sometimes close at 9:00 or 10:00 p.m.
Motion made by Commissioner Weigand and seconded by Vice Chair Zak to find this project exempt from the
California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines and to adopt Resolution
No. PC2018-002 approving Minor Use Permit No. UP2017-013 with the conditions of approval reflecting a closing
time of 9:00 p.m. from September through May and 10:00 p.m. from June through August and a review in one
year's time.
AYES:
Kleiman, Koetting, Lowrey, Weigand, Zak
NOES:
Dunlap
ABSTAIN:
None
ABSENT:
Kramer
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NEWPORT BEACH PLANNING COMMISSION MINUTES 1/18/2018
ITEM NO. 4 MYERS PROPERTY ALTERNATIVE SETBACK DETERMINATION (PA2017-184)
Site Location: 358 Dahlia Place
Summary:
The applicant requests approval of alternative front and rear setbacks pursuant to NBMC Section
20.30.110(C) and Section 21.30.110(C) due to the orientation of the lot and the lack of public right-of-way
access that results in undue development limitations created by the Code -required setbacks. Specifically,
the proposal is to reduce the 20 -foot front setback along Bayside Drive to 7 feet and increase the Code -
required 10 -foot rear alley setback along a private alley to 12 feet. The requirements for 6.5 -foot side yard
setbacks would remain unchanged.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15305 of the CEQA Guidelines - Class 5 (Minor Alterations in Land Use Limitations), which
consists of minor alterations in land use limitations in areas with an average slope of less than 20
percent (%), which do not result in any changes in land use or density, including but not limited to,
minor lot line adjustments and setback variances not resulting in the creation of any new parcel;
and
3. Adopt Resolution No. 2018-003 approving Staff Approval No. SA2017-009.
Deputy Director Campbell recommended the Planning Commission continue the item to February 8
Motion made by Commissioner Lowrey and seconded by Commissioner Kleiman to continue the item to February
8, 2018.
AYES:
Dunlap, Koetting, Kleiman, Lowrey, Weigand, Zak
NOES:
None
ABSTAIN:
None
ABSENT:
Kramer
ITEM NO. 5
BALBOA THEATER RENOVATION (PA2017-152)
Site Location: 707 East Balboa Boulevard
Summary:
The applicant proposes to renovate and operate the Balboa Theater as a performing arts and special
event theater. The renovations include exterior fagade restoration with new operable storefront windows,
a recreated historical marquee, a small outdoor dining area on either side of the main entry, and a rooftop
deck. The principal use of the site will remain a theater consistent with the Landmark Theater designation
of the Zoning Code. The project includes an accessory cafe (eating and drinking establishment) to serve
theater patrons and the general public. As proposed, the cafe will operate from 8 a.m. to 12 a.m. daily
with a Type 47 (On -Sale General — Eating Place) Alcoholic Beverage Control (ABC) License. The
Conditional Use Permit is required to allow the sale and service of alcohol. A Major Site Development
Review application is required to increase the height of the building to accommodate a new rooftop deck.
A Coastal Development Permit is required to permit the renovation and operation of the theater within the
Coastal Zone.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15302, Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, because it has no
potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2018-004 approving Use Permit UP2017-021, Major Site Development
No. SD2017-005, and Coastal Development Permit No. CD2017-064.
Deputy Director Campbell recommended the item be removed from the calendar.
Motion made by Commissioner Dunlap and seconded by Chair Koetting to remove this item from the calendar.
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AYES:
Dunlap, Kleiman, Koetting, Lowrey, Weigand, Zak
NOES:
None
ABSTAIN:
None
ABSENT:
Kramer
The Commission took a break from approximately 7:50 p.m. to 7:55 p.m.
1/18/2018
[Following the break, the Planning Commission returned to Item Number 2, prior to taking up Item Number 6.]
IX. STUDY SESSION ITEMS:
ITEM NO. 6 KOLL CENTER RESIDENCES (PA2015-024)
Site Location: 4400 Von Karman Avenue
Summary:
A mixed-use residential development of up to 260 residential condominiums, 3,000 square feet of retail
use, a freestanding parking garage, a 1.17 -acre neighborhood park to be built on the 13.16 -acre
surface parking and common landscape areas of the Koll Center Newport Planned Community. The
study session is intended to provide the Planning Commission and public an opportunity to review and
discuss the proposed project including the Draft Environmental Impact Report. The study session is
for discussion purposes only, and no action will be taken by the Planning Commission.
Recommended Action:
1. Conduct a study session;
2. Continue the project to a future date; and
3. Direct staff to prepare a recommendation for action, including any necessary resolutions for
consideration.
Commissioner Kleiman recused herself from the item due to a conflict with her husband's employment.
Commissioner Lowrey recused himself due to a leasehold interest in property located within 500 feet of the subject
property and a membership at the Pacific Club located within 500 feet of the subject property.
Deputy Director Campbell reported the John Wayne Airport area in the General Plan was identified as an area of
opportunity to reuse underperforming commercial and industrial properties and to develop mixed-use residential
neighborhoods in proximity to jobs and services. Residential units, specifically 2,200 units, were authorized for
the area; 1,650 of which would replace existing commercial or industrial uses and 550 would be additive to the
area not requiring the removal of existing uses. The General Plan calls for 10 -acre minimum size villages, 30-50
dwelling units per acre, a conceptual development plan, regulatory plans, development agreements, neighborhood
parks, recreation, and open space, connected and walkable streets, building massing provision, parking and
sustainability elements. The purpose of the Integrated Conceptual Development Plan (]CDP) is to allocate units
and the ICDP was approved by the City Council in 2010. The applicant is seeking approval of the Planned
Community Development Plan Amendment, Development Agreement, Tentative Parcel and Tract Map
applications, a Traffic Study, and a transfer of development rights from one block to another to accommodate the
requested retail component. The Development Agreement will be available prior to the next meeting on the project.
Coralee Newman, Government Solutions, advised that community outreach began in 2015. The team has met
with every building owner on the block, held a community outreach forum, met with individuals and groups, and
received 85 letters of support from the community.
Assistant City Attorney Torres reported Vice Chair Zak may have a conflict and has recused himself from the item
until staff can make a determination regarding the conflict.
Ms. Newman and Bill Shopoff, project applicant, requested a continuance until Vice Chair Zak's conflict has been
determined.
NEWPORT BEACH PLANNING COMMISSION MINUTES
1/18/2018
In response to Commissioner Weigand's inquiry, Mr. Shopoff advised that the presentation would be the same
whether or not Vice Chair Zak has a conflict; however, Vice Chair Zak should hear the presentation if he does not
have a conflict.
Motion made by Commissioner Dunlap and seconded by Commissioner Kramer to continue the item to a date
uncertain.
AYES:
Dunlap, Koetting, Kramer, Weigand
NOES:
None
ABSTAIN:
Kleiman, Lowrey, Zak
ABSENT:
None
X. STAFF AND COMMISSIONER ITEMS
ITEM NO. 7 MOTION FOR RECONSIDERATION
None
ITEM NO. 8 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
1. Update on City Council Items
Community Development Director Seimone Jurjis reported the next City Council agenda contains an appeal of
the Lido Marina Village parking management plan. The February 8 Planning Commission agenda contains
items for Cliff Haven development standards, Taco Bell Cantina, and the Myers alternative setback
determination. The Koll Residences study session could return as early as February 8, 2018.
Commissioner Weigand suggested staff schedule the Koll Residences study session at 5:00 p.m. on a night other
than a regular meeting to ensure the presence of Commissioners and to allow ample time for discussion and public
comment.
ITEM NO.9 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT
None
ITEM NO. 10 REQUESTS FOR EXCUSED ABSENCES
Commissioner Weigand requested an excused absence for May 3, Chair Koetting for February 8, and
Commissioner Kramer for February 22.
XI. ADJOURNMENT — 8:35 p.m.
The agenda for the Planning Commission meeting was posted on Friday, January 12, 2018, at 2:22 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, January 12, 2018, at 2:26 p.m.
Peter Koetting, Chairman
Erik Weigand, Secretary
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Planning Commission - February 22, 2018
Item No. 1a Additional Materials Received
Draft Minutes of January 18, 2018
February 8, 2018, Planning Commission Item 1 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( iimmosher(o),vahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 1. MINUTES OF JANUARY 18, 2018
Suggested changes to draft minutes passages are shown in strikenut underline format.
Page 2, first long paragraph, sentence 1: "Assistant Planner Chelsea Crager reported the
existing 76 station is located at the west corner of Superior and Placentia Avenues and is
surreundeel abutted. on three sides, by residential uses." (or: "abutted along three property
lines by residential uses')
[In this case, as a result of the odd angles of the intersection, the property is a five -sided lot.
But without a graphic showing that, it is difficult to visualize a corner lot being "surrounded,"
let alone that the uses being referred to are all on the same side of the street.]
Page 5, motion before last vote: "Alternate motion by Vice Chair Zak and seconded by
Commissioner Lowrey to find this project exempt from the California Environmental Quality Act
pursuant to Section 15301 of the CEQA Guidelines and to adopt Resolution No. PC2018-001
approving Conditional Use Permit No. UP2017-007 with conditions of approval to cease beer
and wine sales at 10:00 p.m. and to prohibit sale of single containers of beer."