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Home My WebLink About05/22/2008Planning Commission Minutes 05/22/2008 CITY OF NEWPORT BEACH Planning Commission Minutes May 22, 2008 Regular Meeting - 6:30 p.m. Page 1 of 6 file : //Y:1UserslPLN\SharedlPlanning CommissionlPC Minutes\mn05222008.hUn 07/15/2008 INDEX ROLL CALL Commissioners Eaton, Peotter, Cole, Hawkins, McDaniel, Toerge and Hillgren — Commissioners Eaton and Hillgren were excused, all other Commissioners were present. STAFF PRESENT: David Lepo, Planning Director Aaron Harp, Assistant City Attorney Tony Brine, Traffic Engineer Patrick Alford, Planning Manager Jaime Murillo, Associate Planner Janet Brown, Associate Planner Russell Bunim, Assistant Planner finger Varin, Planning Commission Secretary and Administrative Assistant PUBLIC COMMENTS: PUBLIC COMMENTS None None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on May 16, 2008. HEARING ITEMS OBJECT: MINUTES of the regular meeting of April 17, 2007. ITEM NO.1 Commissioner Toerge made corrections to the minutes and made Motion, Approved seconded by Chairman Hawkins, to continue the minutes to the next meeting in order to include the transcript prepared by an outside firm on the Sejour matter. Ayes: Hawkins, Cole, McDaniel and Toerge Noes: Peotter Excused: Eaton and Hillgren ITEM NO. 2 OBJECT: Fury Rok & Rol Sushi Lounge (PA2005 -087) PA2005 -087 4221 Dolphin Striker Way Continued to he Planning Commission of the City of Newport Beach will hold a public hearing 06/05/2008 o consider the recommendation of independent hearing officer on the revocation f Use Permit Nos. 3162 and 2005 -018 on property located at 4221 Dolphin Striker Way. The Planning Commission may adopt the proposed findings and recommendation as their decision or may take any other action that is supported by substantial evidence in the record. file : //Y:1UserslPLN\SharedlPlanning CommissionlPC Minutes\mn05222008.hUn 07/15/2008 Planning Commission Minutes 05/22/2008 Page 2 of 6 Planning Director David Lepo noted that there was a claim filed by the owners o Fury against the City. The city attorney has requested that until a settlement is approved by the City Council, the Planning Commission take no action on this matter, and requests this matter be continued to June 5, 2008. At Commission inquiry, he noted the business has been closed for a few weeks. Motion was made by Commissioner Peotter and seconded by Commissioner Toerge to continue this item to June 5, 2008. Ayes: Peotter, Cole, Hawkins, McDaniel and Toerge Noes: None Excused: Eaton and Hiligren x s+r ITEM N SUBJECT: Balboa Inn LLC PA2006 -270 ( ) PA2006 -27 270 Siena Restaurant — One Year Review 105 Main Street Received and The Planning Commission of the City of Newport Beach will conduct a one-year filed review of an amendment to Use Permit No. 3158 related to the operation of live ntertainment and dancing within the existing restaurant at the Balboa Inn. The property is located at 105 Main Street and is within the Retail and Service Commercial designation of the Central Balboa Specific Plan (SP -8) District. On April 19, 2007, the Planning Commission approved an amendment to Use Permit No. 3158 permitting live entertainment and dancing within the restaurant, in conjunction with private events only, and waived 11 parking spaces associated with the operation. A condition of approval was implemented requiring that the Planning Commission review the operation of live entertainment and dancing on year from the effective date of approval to insure the conditions placed on the Aeration were sufficient to control potential noise and parking impacts. The Planning Commission has the right to modify the terms and conditions of the Use Permit No. 3158 by imposing new or revised conditions relating to live entertainment and dancing. aime Murillo gave an overview of the staff report. Public comment was opened. Mr. Ron Baers, representing the applicant, noted the operations have been successful this past year. Public comment was closed. Motion was made by Commissioner Toerge and seconded by Commissioner Peotter to receive and file the report. Ayes: Peotter, Cole, Hawkins, McDaniel and Toerge Noes: None Excused: Eaton and Hillgren ITEM NO.4 PA2007 -115 UBJECT: Albertson's (PA2007 -115) 3049 East Coast Highway file : / /Y:\Users\PLMShared\Planning Commission\PC Minutes\nn05222008.htm 07/15/2008 Planning Commission Minutes 05/22/2008 Page 3 of 6 The Planning Commission of the City of Newport Beach will conduct a one -yea review of conditions of approval for Albertson's Use Permit No. 3650 (Off -Site arking Agreement). The property is located at 3049 East Coast Highway and is ithin the Retail and Service Commercial (RSC) Zoning District. Planner Russell Bunim gave an overview of the staff report noting still exist and that code enforcement has been informed of tl comment was opened. Munoz, Assistant Manager of Albertson's, purchased thirty -three for 72 employees. Harp noted code enforcement can issue citations starting at $100 up to $500 r. Bunim noted that the off -site parking agreement was for the increase of 1 ezzanine area for storage and is not a use pen-nit to operate the grocery store. Bagley, new store director of Albertson's, stated she will take care of m and gave an outline of what she intends to do. comment was closed. was made by Commissioner Peotter and seconded by Commiss d to refer this matter to staff for them to handle through normal nent procedure and bring back to the Commission for a report a public hearing no later than six months from this date. iissioner Toerge noted there is no reason for six months and this needs back June 19, 2008. n Hawkins noted the operational issues can be rectified in a , we need to have this monitored over a six month period. Noes: Toerge Excused: Eaton and Hillgren ITEM NO. 5 OBJECT: Megonigal Residence (PA2007 -133) PA2007 -133 2333 Pacific Drive Approved The applicant submitted a letter to the Planning Department requesting that the project be removed from Planning Commission calendar. David Olson, architect, is working with his client to redesign the project and requires more time. item was re- ordered and heard second on the agenda. ling Director David Lepo noted staff recommends that this item be the agenda. comment was opened. Ann Balderston presented photographs of the view point and spoke in oppositions file: //Y: \Users\PLN\Shared \Planning Commission \PC Minutes\nm05222008.htm 07/15/2008 Planning Commission Minutes 05/22/2008 Page 4 of 6 to this project. Public comment was closed. Mr. Lepo noted this item will come back to the Planning Commission if the applicant is unable to build without a request for a variance. Motion was made by Commissioner Peotter and seconded by Commissioner Toerge to table this item indefinitely. Ayes: Peotter, Cole, Hawkins, McDaniel and Toerge Noes: None Excused: Eaton and Hillgren xxx OBJECT: Review of preliminary CIP (PA2007 -131) ITEM NO. 6 PA2007 -131 Approved An annual review of the Preliminary Fiscal Year 2008 -20 -09 Capital Improvement Program to determine consistency with the General Plan and Coastal Land Use Plan, and to make recommendations to the City Council concerning the proposed public works project. Ms. Brown gave an overview of the staff report. Motion was made by Commissioner Toerge and seconded by Commissioner Col to recommend the Capital Improvement Program as presented for Fiscal Year 8/09 (PA2007 -131) with the added recommendation that the City Council consider incorporating the dredging of the lower bay into this program. Chairman Hawkins noted that the proposed location of a new city hall at the Avocado site is inconsistent with the open space designation and he will not vote or finding of consistency. Or. Lepo noted that after the recent vote, the Charter says the city hall goes there. yes: Eaton, Peotter, Cole, McDaniel and Toerge Noes: Hawkins Excused: Eaton and Hillgren xxx ITEM NO. 7 OBJECT: Planning Commission procedures and minutes Procedures and (Continued from 04/03/2008) minutes t the Planning Commission meeting of March 20, 2008, Commissioner Peotter Approved requested that Planning Commission procedures including the use of verbatim meeting minutes be placed on this agenda for discussion. Included with this report are the "Rules of Procedures of the Planning Commission," excerpts from Robert's Rules of Order, and a copy of a City Council meeting speaker reques card for consideration by the Commission in determining appropriate actions on his agenda item. Commissioner Peotter noted he is trying to simplify business practice. The should be more topical minutes rather than verbatim minutes. he speaker card would help the secretary and the chairman who can order them in a way that causes the meeting to flow easier. He can announce the name o file: //Y: \Users\PLN\Shared \Planning Commission\PC Minutes\nM05222008.httn 07/15/2008 Planning Commission Minutes 05/22/2008 Page 5 of 6 the speaker. Motion was made by Commissioner Peotter to adopt both suggested procedural changes as policies in our Commission structure. Commissioner Cole noted agreement on the minutes but not on the speaker card as it may discourage public participation. At the request of Chairman Hawkins, the maker of the motion agreed to split the motion. Motion was made by Commissioner Peotter and seconded by Commissioner Col o have action minutes per Robert's rules with exceptions as discussed. ommissioner Toerge noted it is a good practice to have Commissioners say what hey want the minutes to reflect so Council knows the Commissioners' feeling bout the issue; likes how the minutes are done now; does not agree with the use f speaker cards. Commissioner McDaniel noted if we can make the minutes shorter, we can solve bunch of problems. Ayes: Peotter, Cole and McDaniel Noes: Hawkins and Toerge Excused: Eaton and Hillgren Motion was made by Commissioner Peotter to require speaker cards. The item died for lack of a second. Discussion then ensued on whether the Chairman has the right to second a motion or to make a substitute motion. Motion was made by Commissioner Cole and seconded by Commissioner Peotte to allow the Chairman to second a motion but not be able to make a motion or a ubstitute motion. hairman Hawkins noted he does not support the motion as it makes the rules to pecific. yes: Peotter, Cole, McDaniel and Toerge Noes: Hawkins Excused: Eaton and Hillgren ADDITIONAL BUSINESS: ADDITIONAL BUSINESS a. City Council Follow -up - Mr. Lepo reported that the ordinances for Hoag Hospital were adopted; and, an appeal of the Tommy Bahamas was hear and Council overturned the ruling of the Planning Commission. b. Matters which a Planning Commissioner would like Staff to report on at subsequent meeting - Commissioner McDaniel noted the schedule for Jul with one meeting on the 17 and the June 19 meeting is the last one fo Commissioner Cole. file: //Y: \Users \PLN\Shared \Planning Commission \PC Minutes\mn05222008.htm 07/15/2008 Planning Commission Minutes 05/22/2008 c. Project status - Mr. Lepo noted staffs progress on the review of the Zoi Code that will be heard by Planning Commission and Council at the hearings. d. Requests for excused absences - Commissioner McDaniel stated he is available for a July 3 meeting. Page 6 of 6 J ADJOURNMENT: 8:15 p.m. JADJOURNMENT BRADLEY HILLGREN, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION file: / /Y: \Users \PLN\Shared \Planning Commission \PC Minutes\mn05222008.htm 07/15/2008