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HomeMy WebLinkAbout09/06/2007"Planning Commission Minutes 09/06/2007 CITY OF NEWPORT BEACH Planning Commission Minutes September 6, 2007 Regular Meetina - 6:30 D.m. Page 1 of 9 "http: / /www. city .newport- beach.ca.usIPInAgendas /2007 /mn09- 06- 07.htm 06/20/2008 INDEX ROLL CALL Commissioners Eaton, Peotter, Cole, Hawkins, McDaniel, Toerge and Hillgren: All present STAFF PRESENT: David Lepo, Planning Director Aaron Harp, Assistant City Attorney Tony Brine, Principal Civil Engineer Patrick Alford, Senior Planner Ginger Varin, Planning Commission Secretary PUBLIC COMMENTS: PUBLIC COMMENTS Ms. Crispin spoke in opposition to the Panini Cafe request and noted petition signed by local residents asking that a liquor license not be granted to this restaurant. Motion was made by Commissioner Toerge and seconded by Commissioner Cole to re -order the agenda and take Item 3 first. Ayes: Eaton, Peotter, Hawkins, Cole, McDaniel, Toerge and Hillgren Noes: None Abstain: None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on August 31, 2007. HEARING ITEMS SUBJECT: MINUTES of the regular meeting of August 23, 2007. ITEM NO. 1 Commissioner Toerge made a correction to his comments on Page 19 Continue to followed by Chairman Hawkins announcement that due to Assistant City 09/20/2007 Manager Kiffs response to a local resident that these minutes were going to be considered on September 20th, he suggested, and it was agreed, to include the addition and continue this item. Motion was made by Commissioner Peotter and seconded by Commissioner McDaniel to continue this item to September 20, 2007. Ayes: Eaton, Peotter, Hawkins, Cole, McDaniel, Toerge and Hillgren Noes: None Abstain: None Page 1 of 9 "http: / /www. city .newport- beach.ca.usIPInAgendas /2007 /mn09- 06- 07.htm 06/20/2008 "Planning Commission Minutes 09/06/2007 Liberty Baptist Church School Expansion (PA2006 -079) 1000 Bison Avenue request to recommend approval of General Plan Amendment No. 2006 04, Planned Community Development Plan Amendment No. 2006 -003 nd amend Use Permit No. 1726 for the purpose of demolishing 4 modula lassroom buildings (totaling 5,760 square -feet) and constructing a new vo -story, 31,722 square -foot educational building and gymnasium. Planner Patrick Alford gave an the General Plan Amendment ms of Charter Section 423 and overview of the staff report. had been reviewed against i was determined that this pro, J not trigger any established thresholds that would require a pu for the amendment. imissioner Eaton noted the construction management plan sugge the truck traffic would be kept off of Jamboree Road. He asked if d be incorporated into the conditions. Tony Brine, Civil Engineer answered that Public Works has revie, plan and that their department approves the haul route permits for of project. This permit assures that truck traffic does not go thrc Iler residential -type streets and stays to arterial roadways. If icant proposes to exit trucks onto Bison then towards MacArthur is their plan, then Public Works would have no objection. airman Hawkins, referring to Condition 16, noted the word 'gymnasiL >uld be added, and that the total square footage should be changed ect the number in the table in the staff report; Condition 27, change 1 rd openable to operable; Condition 47, there needs to be soi ditional review'. . Lepo answered for Condition 47, it is customary for larger projects this that the applicant is made aware of how the Codes will apply. issioner Peotter, asked about Condition 3. Ir. Lepo answered the applicant had indicated 20 students per cl )om. Staff indicated that due to enrollment fluctuations and based nvironmental determination limiting enrollment increases to 25 %, it ti uggested the number be increased to 22 students per classroom. By icreasing, over the existing enrollment by more than 25 %, they qualify ategorical exemption. nmissioner Hillgren, noting his experience with the St. Andrem )lication, sees these conditions as restrictions and asked if they a uired for this project. He cited Conditions 6, 7, 8 and 9. He noted whf �d projects are over- conditioned, they don't get built. He is concerned was appropriate planning. Alford noted Conditions 8 and 9 are reflective of existing i the use permit or an amendment. ITEM NO. 2 PA2006 -079 Approved Page 2 of 9 "hftp: / /www.city.newport- beach. ca. us /PinAgendas/2007 /mn09- 06- 07.htm 06/20/2008 "Planning Commission Minutes 09106/2007 Lepo noted Conditions 6 and 8 deal with public facilities that : itely owned and relate to potential problems with rental of venues tl a nothing to do with the primary use. They could be re- worded are that the facility is not rented out. They are not meant to prev t is reasonably consistent with the operation of the Church or school. is comment was opened. ght Tomlinson, Senior Pastor at Liberty Baptist Church, noted the rch has been in Newport Beach for nine years. He noted he has reac report and understands and agrees to all the conditions and findings. asked about Condition 6 and the flexibility to allow youth or adul eational groups to use the facility to play basketball or volleybal naments or leagues. Hawkins asked how Condition 6 could be worded. Tomlinson answered that it is not a deal- breaker. If we could have tt ity to allow something of that nature, we would like to be able to do so. im Bickel of Bickel Underwood Architects, architect for the projE uggested some language in Condition 6 dealing with the restriction ;nting of the facility to outside entities. If the Church had the opportun let particular groups use it, they would prefer that. Condition 16, 1 greed that it should include the gymnasium and change in square footal 26,412; Condition 27, the intent is to use non - operable dual pang isulating windows with an R -19 rating. The building is sited to have tl ymnasium towards Jamboree Road side with the classrooms towarl ison side. Plans will be subject to review by the various C epartments. The architecture is an eclectic mixture of designs and tl itent is to pull them all together. The Construction Management PI; icluded in the report was created by a general contractor that we ha, Forked with before. Staff suggested that this plan be in the report as rototype. We can not say for sure that KBI will be the general contract )r this project. We told them to make this plan generic and we feel we c e in substantial conformance with it. This can be part of the conditior ut with the stipulation that the Commission realizes it is a prototype ai nce a contractor is selected, there may be slight variations. He adds iey would like to submit a haul plan and an updated constructii ianagement plan at the time the permits are pulled, which must I pproved`by staff. issioner Hillgren asked if staff had reviewed the ement Plan. r. Alford noted staff has reviewed it and the applicant has indicated this template that will serve as a guide. Bickel noted the primary concern of the Construction Manag n was the parking and staging area of the construction operations adversely affect our on -site or on- street parking. comment was closed. Page 3 of 9 "hftp: / /www.city.newport- beach. ca. us /PinAgendas /2007 /mnO9- 06- 07.htm 06/20/2008 "Planning Commission Minutes 09/06/2007 nmissioner Hillgren asked about the square footage as approved latest General Plan. Alford answered that it goes back to the 1988 Land Use Element and intended to reflect the existing development that did not considi hate approvals of the Master Plan. That number was simply carrie r into the new General Plan. If it was an oversight, it was carried over I Land Use Element that was adopted in November 2006. Tt elopment will be added to the accumulated effect over a ten -ye od per Charter Section 423. Discussion continued on additional squat age development and the need for public vote. Harp, at Commissioner Hillgren's questions, commented that gorical exemption that was used is appropriate in this circumstance exemption is made for schools. ian Hawkins noted his concern for a potential need to analyze, perspective such as an initial study or an EIR, the pot imental affects of this project. Alford noted it is a question of enrollment and capacity and we be there are adequate conditions within the Use Permit to assure rictions are not exceeded to limit the categorical exemption. Lepo added that during any construction phase of a project there will air quality impact. The AQMD rules will be adhered to by watering etc. and will be enforced on this project. The proposed traffic has ped the Traffic Phasing Ordinance threshold. Peotter noted the following changes to conditions: ition 5 - delete. ition 6 - modify. ition 7 - changed to read, "The gymnasium shall not be used mb/y purposes concurrently with services performed in ition 8 - delete ition 9 - delete, as they have to meet the Noise Ordinance restrictions. nissioner Hillgren agreed with editing Condition 5, agrees to dele ition 6; Condition 7, limited to their parking; Condition 8 agrees mmissioner Toerge noted the Use Permit runs with the land so tl cussion of what church is there is irrelevant as it could be replaced w Inge County Weekly Church in which case there might be objections se things. He is not prepared to make these significant changes uld be reasonable to all to use the gymnasium for events where there profit motive. The applicant has indicated he agrees to these conditio t have been prepared by staff. McDaniel noted he agrees with Commissioner Page 4 of 9 "http: / /www.city. newport- beach. ca. us /PinAgendas /2007 /m n09- 06 -07. htm 06 /20/2008 "Planning Commission Minutes 09/06/2007 Cole noted he agrees with Commissioner immissioner Eaton noted he would not change the previously i nditions but agrees with broadening Conditions 6 and 7. irman Hawkins noted he agrees with Commissioner Toerge. These an idle conditions. Condition 5 is an original one and they have bees �ating under it for many years. He proposed to leave 5. There is , )rity to modify Condition 6 to allow flexibility with a no rent provision. dition 7, 8 and 9 have general agreement with the edits. Ir. Lepo noted Conditions 5, 8 and 9 were carried over from the existinc se permit. If you don't want those, then just delete them. Condition E )uld be re- worded. Condition 7 should remain in as problems could occur was suggested to leave. Harp noted Condition 6 should include wording such as payment, donation. He reiterated that these Conditions do run with the land. mmissioner Peotter suggested Condition 6 to read, "Use of mnasium shall be limited to church and school sponsored ev d community events where no rent, payment or donation is chat received." The Commission agreed. on was made by Commissioner Peotter and seconded imissioner Hillgren to approve staffs recommendations as prese the changes to Conditions, 5, 6, 7, 8 and 9. Peotter then proposed an amendment to: s 11, 12, 14 and 15 to be deleted. 16 add the word, gymnasium, and correct the square footage. 17 to be deleted. 19 remove, landscape materials. Lepo noted Condition 14 should be left in as it has proven to essful in other uses. Eaton noted he could not support the deletion of a :ommissioner Cole noted he agrees with the deletion of Conditions 11, 1 7 and 19. Leave Condition 14 in. issioner McDaniel noted he agrees with Condition 19, and as to Conditions 11, 12, 14 and 15. nmissioner Toerge noted that due to these proposed changes to t editions, he will not be supportive of the project. It doesn't seem fair applicant, and staff has spent weeks putting these together. There m some redundancies, but that isn't always bad. The applicant h Page 5 of 9 "http: / /www. city .newport- beach.ca.us/PlnAgendas /2007 /mnO9- 06- 07.htm 06/20/2008 "Planning Commission Minutes 09/06/2007 and accepted these conditions. iissioner Hillgren noted Conditions 11, 12 and 14 should be left as this approval will run with the land. He agrees with the propos es to Conditions 16, 17 and 19. man Hawkins noted he wants to keep Condition 11, 12 and 14. not support striking 17 as it is essential to making the environmf was agreed to leave in Conditions 15 and 17 and change Condition 19 imissioner Peotter modified his motion to include: modify Conditions 1 19 as discussed. McDaniel noted that a lot of changes are not going to be ier Peotter suggested Condition 26 be changed to have engineer review the drawings rather than do an analysis. McDaniel stated he is against this. issioner Hillgren noted he is not supportive of having the app money if he doesn't have to. immissioner Eaton suggested changing Condition 55 to include )posed construction management plan to include a clause, ...and s :lude a provision that heavy trucks shall avoid the use of Jambc lad between University Drive and Ford Road." There was gen nsensus to include this. nmissioner Peotter noted Condition 27 delete all but the fi Ience. There was general consensus. Condition 29, remove 'regard self closing gate'; Condition 32, delete hours. Lepo added that Condition 29 is required by the Zoning Ordim rding the self closing gates. Commissioner Peotter withdrew irman Hawkins noted that Condition 32 should remain in. )stitute Motion was made by Commissioner Toerge and seconded nmissioner Eaton that the Planning Commission approve General F endment No. 2006 -004, Planned Community Development F endment No. 2006 -003 and amendment to Use Permit No. 1726 u following corrections to the Conditions. mdition 6 - allow for the use of the gymnasium except for instal sere there is rent, compensation or donations in consideration of the it by others. Page 6 of 9 "http: / /www. city. newport- beach.ca.usIPInAgendas /2007 /mn09- 06- 07.htm 06/20/2008 "Planning Commission Minutes 09106/2007 in 16 - include the word gymnasium and change the sqi to 26,472. (it was determined that 25,962 square footage is number as it reflects the proposed building at 31,722 minus d demolition of 5,760 square feet) in 19 - eliminate landscape materials. in 55 - pursuant to the suggestion by Commissioner Eaton. irman Hawkins asked the applicant if they accept these to the conditions. Tomlinson answered he agrees to the substitute motion with the dition changes. on the Substitute Motion. Eaton. Hawkins and Peotter, Cole, McDaniel and Hillgren Peotter re- stated the original motion. recommendation including the following: ition 5 - delete. ition 6 - modify to include where no rent, payment or donation is led or received" ition 7 to read, "The gymnasium shall not be used for assembly uses concurrently with services performed in the sanctuary." ition 8 - delete. ition 9 - delete. ition 16 add the word, gymnasium, and correct the square footage. ition 19 remove, landscape materials. ition 27 to read, "That applicable State standards for interior ;room noise shall be met." added the additional change to Condition 55 to include, and shall ude a provision that heavy trucks shall avoid the use of Jamboree id between University Drive and Ford Road. " was seconded by Commissioner McDaniel. he agrees to these conditions. Ayes: Peotter, Cole, Hawkins, McDaniel and Hillgren Noes: Eaton and Toerge bstain: None Panini Cafe (PA2007 -063) 2421 E. Coast Highway quest to consider Use Permit No. 2007 -010 to allow the operation of 20 square -foot, full- service restaurant with a net public area of 6' care feet and to allow alcoholic beverage service Type "41" ABC Licen; i -Sale Beer and Wine Eating Place). Request for Accessory Dinir rmit No. 2007 -006 to allow the operation of a 160 square -foot outdo ITEM NO. 3 PA2007 -063 Continued to 09/20/2007 Page 7 of 9 "http: //www. city.newport- beach.ca.us /PinAgendas /2007 /mn09- 06- 07.htm 06/20/2008 "Planning Commission Minutes 09/06/2007 area in conjunction with the proposed restaurant and an approval a Parking Agreement No. 2007 -001 to justify the off - street parki !ment utilizing the off -site property located at 7 Corporate Plaza. Ir. Lepo noted that staff recommends, with the concurrence of pplicant, to continue this item to the 20th because there were issues eed to be settled. comment was opened. Crispin presented a petition from 20 of the neighbors to ask that then no liquor license for this restaurant. The opening of another restaurar i a liquor license would mean that there would be 11 liquor license: iin 3/16 of a mile between Acacia Avenue and Carnation Avenue ii 'ona del Mar. The residents experience noise, public urinating, trash < of parking space and are denied rights to peace and quiet in thei comment was closed. Motion was made by Commissioner Peotter and seconded by Commissioner Toe e, to continue this item to September 20, 2007. Ayes: Eaton, Peotter, Cole, Hawkins, McDaniel, Toerge and Hillgren Noes: None Abstain: None BUSINESS: BUSINESS City Council Follow -up Mr. Lepo reported that there was no Council meeting. Chairman Hawkins reported there was no meeting.. Report from the Planning Commission's representative to General Plan /Local Coastal Program Implementation Committee Commissioner Eaton noted that the Committee discussed the fai share fee program; number of people from the public were h attendance and the item was continued because the proposed fei was proposed to be raised from $177 per trip to $507 per trip; it wi ultimately come back to the Planning Commission. Chairmai Hawkins indicated they would consider additional amendments an( not just the amendments that would make the Local Coastal Plar consistent with the General Plan. Generally those amendment! would focus on bluff -face development. Chairman Hawkins aske4 that the schedule be included in the packet. at a subsequent meeting Page 8 of 9 "http: / /www.city.newport- beach. ca. us /PlnAgendas /2007 /mnO9- 06- 07.htm 06/20/2008 "Planning Commission Minutes 09/06/2007 None. future agenda for action and staff report None. Project status Mr. Lepo gave an update on the AERIE and Bel Mare projects. Requests for excu. sed absences None. p.m. CITY OF N Page 9 of 9 "http: / /www.city.newport- beach. ca. us /PlnAgendas /2007 /mn09- 06- 07.htm 06/20/2008