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HomeMy WebLinkAbout20201022_PC_MinutesPlanning Commission Minutes October 22, 2020 10 of 13 Commissioner Koetting believed approving a parking reduction of 10.6 percent of the required parking would set a dangerous precedent and expressed concern about upgrading the liquor license. Chair Weigand noted the Planning Commission could call the permits for review in a year's time to ensure parking is sufficient and to review alcohol service. Commissioner Ellmore preferred not to upgrade the ABC license to a Type 47. Vice Chair Lowrey concurred with calling the permits for review in a year. Not allowing a Mexican restaurant to serve a margarita does not fit the theme. The parking program seems to be staffed with two individuals who are having vehicles towed if they should not be parked in the lot. Commissioner Rosene agreed with Vice Chair Lowrey's comments. Chair Weigand noted the use is a restaurant, not a bar. The expansion area is not large enough for a bar. In reply to Commissioner Ellmore's question, Chair Weigand indicated the review would be mandatory. Commissioner Ellmore remarked that allowing additional licenses for spirits in District 15 has to stop at some point. Chair Weigand wanted to give operators the tools to remain in business and to be good investors in the community. A review in one year will allow the Planning Commission to review operations and make changes if needed. Motion made by Commissioner Rosene and seconded by Vice Chair Lowrey to approve the staff recommendation with amendments requiring a review in one year, allowing acoustic performances on Sundays from 11 a.m. to 2 p.m., and allowing the Community Development Director to choose the holidays on which acoustic performances are allowed. AYES: Weigand, Lowrey, Kleiman, Klaustermeier, Rosene NOES: Ellmore, Koetting ABSTAIN: ABSENT: ITEM NO. 7 POUR VIDA RESTAURANT (PA2019-259) Site Location: 5000 Birch Street Summary: A conditional use permit to establish a 3,027-square-foot restaurant with 1,830 square feet of net public area (839 square feet interior and 991 exterior) in an existing 10-story office building within Koll Center Planned Community Office Site B (KCN Site B). The restaurant includes a Type 41 (On-Sale Beer and Wine) Alcoholic Beverage License, with no late hours. The proposed hours of operation are 6 a.m. to 11 p.m., Monday through Friday and 9 a.m. to 11 p.m., Saturday and Sunday. There will be no live entertainment or dancing. Recommended Action: 1. Conduct a public hearing; 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. PC2020-037 approving Use Permit No. UP2019-056. Commissioner Ellmore recused himself due to a professional relationship with owners of the building. Vice Chair Lowrey recused himself due to his membership in the Pacific Club. Assistant Planner Melinda Whelan reported the location is an existing office space within a ten-story office building in the Koll Center. Parking provided is a shared parking pool of 3,045 parking spaces. The area consists primarily of offices, but Uptown Newport is located approximately 800 feet south of the subject site. The restaurant capacity will Planning Commission Minutes October 22, 2020 11 of 13 be 22 seats interior and 32 seats exterior. The Police Department reviewed the Type 41 ABC license and provided no objections. The office space being converted to the restaurant had an allocation of 12 parking spaces, which will be allocated to the new restaurant. The parking requirement for the restaurant is a net increase of 21 parking spaces. A parking study demonstrates that parking demand for the restaurant will be much lower and finds that parking demand will exceed supply during weekday lunch hours only. The study further demonstrates that access to the restaurant will be primarily via walking due to locational characteristics. Therefore, during peak hours, the primary clientele for the restaurant will come from offices in the building and surrounding buildings. The restaurant will provide a service needed in the area. In response to Secretary Kleiman's questions, Assistant Planner Whelan advised that the parking study was conducted from January through early March. Ticket sales counts for Pour Vida’s existing location in Anaheim was conducted in February 2019 with pedestrian counts conducted in January 2020. The studies were not performed during the pandemic. Commissioner Klaustermeier disclosed no ex parte communications. Commissioners Rosene, Kleiman, and Koetting and Chair Weigand disclosed communications with the applicant’s consultant. Chair Weigand opened the public hearing. Tim Strader Jr., applicant, advised that there is a lack of food options in the area of the restaurant. The parking study showed that 33 parking spaces are required based on the net public area calculation. With 12 parking spaces allocated to the space, the deficiency of 21 spaces will have an impact during the peak period. The restaurant will be open for breakfast and dinner. With office workers leaving the parking lot during the lunch hour, parking spaces will be available to compensate for the 21-space deficiency. Condition of Approval 6 gives the City the right to request a parking management plan in the future. Neighboring property owners and tenants have provided public comment in support of the project. The condo owner in 4340 Von Karman have provided public comment in opposition to the project, however the building at 5000 Birch has not had any parking issues and has actually provided overflow parking to 4340 Von Karman. In reply to Commissioner Koetting's inquiries, Dionne Rodriguez, property manager for 5000 Birch, indicated that the outdoor seating area was enlarged due to COVID-19 restrictions. The patio area does not encroach very far into the courtyard and does not impede use of the courtyard. Commissioner Koetting proposed the patio area be pulled back so that pedestrians could stroll the plaza without having to skirt the patio. Dionne Rodriguez indicated that deliveries will be made to the loading dock at the rear of the east tower. Trash is located in an adjacent building. Patrons will place their orders at a counter and either pickup their order at the counter or waitstaff will bring it to the table. Deputy Community Development Director Campbell noted the plaza is quite large, and staff believes there is sufficient space without reducing the size of the patio. In answer to Chair Weigand's queries, Ms. Rodriguez stated there will be some banquet seating as well as tables and chairs in the patio area. The consultant team has had multiple conversations with the Picerne Group regarding the restaurant complementing the new residences. In reply to Secretary Kleiman's question, Mr. Strader reported the hours of operation will depend on the success of the dinner operations. While the applicant requests approval of an 11 p.m. closing time, the restaurant will close earlier if there are no patrons. In answer to Chair Weigand's inquiry, Police Civilian Investigator Joe clarified that a patron could purchase a bottle of wine with their meal and take home any unconsumed portion unless it is prohibited in the conditions of approval. The sale of alcohol for offsite consumption is a possibility so that residents do not have to drive to purchase alcohol, but it is not part of this request. In response to Commissioner Rosene's question, Deputy Community Development Director Campbell advised that a barrier around the patio is required due to the sale of alcohol. Ms. Rodriquez added that a gate could be added to the fencing if it does not violate any licenses. Planning Commission Minutes October 22, 2020 12 of 13 Chair Weigand closed the public hearing. Deputy Community Development Director Campbell indicated staff can work with the applicant team to design a patio area that does not interrupt the existing pedestrian path of travel for the entire building and also complies with ABC regulations. Commissioner Klaustermeier commented that the parking study addresses all concerns about parking. Motion made by Commissioner Klaustermeier and seconded by Secretary Kleiman to approve the staff recommendation. AYES: Weigand, Kleiman, Klaustermeier, Koetting, Rosene NOES: RECUSED: Lowrey, Ellmore ABSENT: VIII. DISCUSSION ITEMS ITEM NO. 8 APPOINTMENT OF COMMISSIONER FOR CIRCULATION ELEMENT UPDATE OUTREACH EFFORT Summary: Appointment of a Planning Commissioner to assist the Outreach Subcommittee of Housing Element Update Committee in regard to the outreach effort for the Circulation Element. Recommended Action: 1. Determine this activity is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, Title 14, Division 6, Chapter 3 because this action will not result in a physical change to the environment, directly or indirectly; and 2. Appoint Commissioner Koetting to work with the Outreach Subcommittee of the Housing Element Update Advisory Committee. Deputy Community Development Director Campbell reported the City Council has transferred the Circulation Element Update from the Housing Element Update Advisory Committee (HEUAC) to the Planning Commission. Community outreach for both processes is being handled by the Outreach Subcommittee of the HEUAC; therefore, staff suggests the Planning Commission appoint a Commissioner to work with the Outreach Subcommittee and provide updates to the Planning Commission. Commissioner Koetting has expressed interest in working with the Outreach Subcommittee. A virtual workshop and a Planning Commission study session are scheduled for November. In response to Chair Weigand's inquiry, Commissioner Koetting advised that he is willing to serve as the Planning Commission's representative to the Outreach Subcommittee. Jim Mosher noted the primary outreach interface is the website newporttogether.com. That website lists the workshop as November 16, 2020, but the staff report indicates the date is November 23, 2020. The Planning Commission's study session is not listed under the Circulation Element webpage of the website. In reply to Chair Weigand's question, Deputy Community Development Director Campbell agreed to investigate whether Commissioners receive a stipend for subcommittee meetings.