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HomeMy WebLinkAbout1.0_Draft Minutes_06-06-2019V VI. VII. NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, JUNE 6, 2019 REGULAR MEETING — 6:30 P.M. CALL TO ORDER — The meeting was called to order at 6:30 p.m. PLEDGE OF ALLEGIANCE — Vice Chair Weigand Vice Chair Weigand referred to the Allied invasion of Normandy in honor of the 75th anniversary of D-Day. ROLL CALL PRESENT: Chair Peter Zak, Vice Chair Erik Weigand, Secretary Lee Lowrey, Commissioner Curtis Ellmore, Commissioner Lauren Kleiman, Commissioner Peter Koetting ABSENT: Commissioner Kory Kramer Staff Present: Deputy Community Development Director Jim Campbell, Community Development Director Seimone Jurjis, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Tony Brine, Police Civilian Investigator Wendy Joe, Assistant Planner David Lee, Planning Technician Patrick Achis, Administrative Support Technician Amanda Lee PUBLIC COMMENTS None. REQUEST FOR CONTINUANCES Deputy Community Development Director Jim Campbell noted staff will request a continuance of Item Number 3. ITEM NO. 1 Minutes of May 23, 2019 Recommended Action: Approve and file Motion made by Chair Zak and seconded by Commissioner Koetting to approve the minutes of May 23, 2019, as amended with Mr. Mosher's edits. AYES: Zak, Lowrey, Ellmore, Kleiman, Koetting NOES: ABSTAIN: Weigand ABSENT: Kramer PUBLIC HEARING ITEMS ITEM NO. 2 SESSIONS SANDWICHES PATIO EXPANSION (PA2018-241) Site Location: 2823 Newport Boulevard Summary: The applicant proposes to add a 130-square-foot outdoor dining area with alcohol service to an existing restaurant. The existing restaurant currently operates with a Type 41 (On -Sale Beer and Wine for Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) license and has hours of operation between 6:00 a.m. and 9:00 p.m., daily. No other operational changes are requested or proposed. Recommended Action: 1. Conduct a public hearing; 1 of 5 Planning Commission Minutes June 6, 2019 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2019-016 approving Minor Use Permit No. UP2018-022 and Coastal Development Permit No. CD2018-094. Assistant Planner David Lee reported the subject property is zoned Commercial Visitor -Serving (CV) and is surrounded by mixed -use and residential zones and public parking lots. The site is occupied by Sessions Sandwiches and a dry cleaner. Sessions Sandwiches proposes constructing an outdoor patio in an existing parking space, leaving 10 on -site parking spaces. A trash enclosure was constructed in the parking lot when the restaurant was originally permitted. The patio, consisting of 130 square feet, will have nine seats, be surrounded by a 3-foot tall barrier, and be covered by a trellis shade structure. The applicant proposes a 2- foot tall planter to separate the patio from the sidewalk. The patio has been set back to comply with the sight distance triangle required by the Public Works Department. Proposed hours of operation for the patio will be the same as the existing restaurant, 6:00 a.m. to 9:00 p.m. The restaurant was originally permitted on September 12, 2013, with no alcohol service and hours of operation between 6:00 a.m. and 11:00 p.m. daily. On March 5, 2015, the Planning Commission approved an amendment to the use permit to add alcohol service allowing a Type 41 alcohol license and to change the hours of operation to 6:00 a.m. and 9:00 p.m. Assistant Planner Lee further reported that due to public concern regarding alcohol service on the patio, the Zoning Administrator referred the item to the Planning Commission on May 16, 2019. The restaurant is located in Police Reporting District 15, which has a high concentration of ABC licenses and is reported as a high crime area. The Newport Beach Police Department has reviewed the project and has no objection to the outdoor dining area or to alcohol service on the patio. The Police Department reported receiving no alcohol -related or noise complaints about the business over the past two years. Assistant Planner Lee further reported the patio will result in the loss of one on -site parking space. Staff reexamined the required parking rate based on a parking demand study and the operational characteristics of the restaurant and found that one space per 44 square feet of net public area is appropriate for the use. The restaurant does not offer live entertainment or attractions, the patio is small and does not require additional parking per the Zoning Code, and the parking study concludes there is sufficient on -site parking during peak hours. With this adjustment of the parking rate, the project will not intensify the existing nonconforming parking. Assistant Planner Lee further reported the project is located more than 800 feet from a public beach and more than 600 feet from Newport Harbor. The project will not impact coastal resources including public views or public access. Staff proposes an additional condition of approval to require modification of the patio dimensions to accommodate a 9-foot-wide parking space adjacent to the patio. Staff also proposes an addition to Condition of Approval No. 3: "Any amendments or processing of new permits shall require approval by the Planning Commission." Staff recommends approval of the project. In reply to Commissioner Koetting's questions, Assistant Planner Lee advised that the applicant proposes a trellis structure to cover the patio. A condition of approval restricts the size of the patio to 130 square feet; therefore, the patio cannot be enlarged without an application to modify the use permit. The parking requirement is based on the net public area of the restaurant. The second -story of the structure is not public area and is not included in the calculation of the parking requirement. Deputy Community Development Director Campbell clarified that the parking requirement for restaurants is one parking space for every 30 to 50 square feet of net public area. If staff feels the back -of -house areas would lead to a high number of employees and additional parking demand, the City can apply a higher parking ratio. The Code provides some operating standards for retail alcohol sales establishments, but staff is not aware of any requirement for the patio to have direct access to the restaurant. In response to Vice Chair Weigand's inquiry, Assistant Planner Lee indicated the adjacent dry cleaner has not submitted any comments regarding the project. In answer to Commissioner Kleiman's queries, Police Civilian Investigator Wendy Joe explained that the Department of Alcoholic Beverage Control (ABC) will determine an appropriate barrier for the business. The Newport Beach Police Department defers the design and construction of the barrier to ABC and the Planning 2 of 5 Planning Commission Minutes June 6, 2019 Department. The license holder is responsible for ensuring alcoholic beverages are not provided to minors. Deputy Community Development Director Campbell was not concerned that patio diners would pass alcoholic beverages to minors over the barrier. Community Development Director Jurjis added that the Planning Commission could add a condition of approval requiring a barrier height of 42 inches. Commissioners disclosed no ex parte communications. Chair Zak opened the public hearing. Beckham Thomas, business owner, remarked that remodeling the building is cost -prohibitive. The existing planter box is often used as a bench for seating after the restaurant closes. Beer and wine sales are less than 10 percent of all sales. The trellis will be constructed with concrete and steel. ABC does not have a prescribed height for a barrier. He accepted the proposed conditions of approval for the project. In reply to Commissioners' inquiries, Matt Maddock, business owner, indicated he has talked with the dry cleaner at length about the project. The trellis will not be solid but will have lighting. At the prior hearing before the Commission, he was instructed not to include parking for the insurance office in his project. Mr. Thomas advised that he and his landlord would like to upgrade the trash enclosure; however, public nuisance during the late night hours is common in the area. Jim Mosher questioned whether the parking study, which was performed during the winter months, is relevant. The size of the patio may be reduced with the condition of approval requiring the adjacent parking space to be 9 feet wide. The applicant has not complied with conditions of approval for its prior applications. Mr. Meddock advised that a trash receptacle is located in the parking lot. Bike parking is located on the side of the building. He did place two tables outdoors in 2013 or 2014, but he removed them as soon as he learned outdoor seating was not permitted. In answer to Vice Chair Weigand's query, Deputy Community Development Director Campbell reported the Planning Commission can call a use permit for review if the use is operating in a fashion that is detrimental. Chair Zak closed the public hearing. Commissioner Lowrey remarked that the applicant has corrected issues that did not comply with requirements for the project. The patio will be a nice addition to the parking lot. As indicated in a communication between the Police Department and a Council Member, the applicant has not violated the requirements of its alcohol license or been the subject of complaints. Commissioner Kleiman noted Condition of Approval No. 32 needs to be revised. Community Development Director Jurjis clarified that the Council has not adopted the ordinance prohibiting construction on Saturdays so no change is necessary at this time. Motion made by Commissioner Koetting and seconded by Commissioner Lowrey to find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and adopt Resolution No. PC2019-016 approving Minor Use Permit No. UP2018-022 and Coastal Development Permit No. CD2018-094 with additional conditions of approval to upgrade the trash enclosure and to increase the width of the parking space adjacent to the patio. AYES: Zak, Weigand, Lowrey, Ellmore, Kleiman, Koetting NOES: None ABSTAIN: None ABSENT: Kramer 3 of 5 Planning Commission Minutes June 6, 2019 ITEM NO. 3 THE STAG BAR OCCUPANT LOAD INCREASE (PA2018-196) Site Location: 121 McFadden Place Summary: The applicant requests an amendment of Use Permit No. UP2013-16 to increase the allowed occupant load of the Stag Bar + Kitchen from 207 persons to a maximum of 260 persons. The applicant also proposes to reduce the allowed hours of operation from 6 a.m. to 2 a.m., daily, to 6 a.m. to 1:30 a.m., daily. The application also includes a request for a waiver of 13 parking required spaces. Recommended Action: Continue to June 20, 2019 in order to conduct additional analysis on the project. Chair Zak opened the public hearing. Motion made by Vice Chair Weigand and seconded by Chair Zak to continue this item to June 20, 2019. AYES: Zak, Weigand, Lowrey, Ellmore, Kleiman, Koetting NOES: None RECUSED: None ABSENT: Kramer Vill. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION None ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. Community Development Director Jurjis reported on June 11, 2019, the City Council will consider adopting an ordinance prohibiting construction noise on Saturdays. If adopted on June 11, the ordinance will become effective on August 11. Four items have been placed on the Planning Commission's agenda for June 20. The General Plan Steering Committee has recommended the City Council hire Kearns & West to handle the Listen and Learn phase of the General Plan Update. The contract with Kearns & West will be presented to the Council on June 25. In reply to Commissioner Koetting's inquiries, Community Development Director Jurjis indicated guidelines for Mariners Mile will be part of the General Plan Update. The Newport House applicant is conducting community outreach and will probably revise the project. ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES None IX. ADJOURNMENT — 7:10 p.m. 4 of 5 Planning Commission Minutes June 6, 2019 The agenda for the June 6, 2019, Planning Commission meeting was posted on Friday, May 31, 2019, at 1:25 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, May 31, 2019, at 12:20 p.m. Peter Zak, Chairman Lee Lowrey, Secretary 5 of 5 Planning Commission - June 20, 2019 Item No. 1a Additional Materials Received Draft Minutes of June 6, 2019 From: Jim Mosher <jimmosher@yahoo.com> Sent: Monday, June 17, 2019 9:46 AM To: Planning Commissioners Subject: Correction to PC minutes (6/20/2019, Item 1) Attachments: 2019Jun20_PC_Agendaltem_1_Comments_JimMosher. pdf Dear Planning Commissioners and staff, Please see attached. As detailed in it, I noticed just one typo in the draft minutes to be considered at the Commission's June 20 meeting. Yours sincerely, Jim Mosher Planning Commission - June 20, 2019 Item No. 1a Additional Materials Received Draft Minutes of June 6, 2019 June 20, 2019, Planning Commission Item 1 Comments These comments on a Newport Beach Planning Commission agenda item are submitted by: Jim Mosher ( iimmosher(o)yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 1. MINUTES OF JUNE 6, 2019 A suggested change to a draft minutes passage is shown in g*, .-.keo t underline format. Page 3: paragraph 5, sentence 3: "At the prior hearing before the Commission, he was instructed not to include parking for the insurance real estate office in his project." [See video at 24:15. The business with the parking lot adjoining the Session Sandwiches lot was clearly identified at the meeting as a real estate office (Burr White). It's a mystery how it became an insurance office in the minutes.]