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HomeMy WebLinkAbout10/07/2010CITY OF NEWPORT BEACH Planning Commission Minutes October 7, 2010 Regular Meeting — 6:30 p.m. ROLL CALL Commissioners Eaton, Unsworth, Hawkins, McDaniel, Toerge, Ameri (arrived at 6:55 pm) - present Commissioner Hillgren - Excused STAFF PRESENT: James Campbell, Acting Planning Director Patrick Alford, Planning Manager Leonie Mulvihill, Assistant City Attorney Tony Brine, City Traffic Engineer Jaime Murillo, Associate Planner Makana Nova, Assistant Planner Ga lene Olson, Department Assistant POSTING OF THE AGENDA: The Planning Commission Agenda was posted on October 1, 2010. PUBLIC COMMENTS: None REQUEST FOR CONTINUANCES: None CONSENT ITEMS SUBJECT: MINUTES of the regular meeting of September 9, 2010. ITEM NO. 1 After general discussion, with several corrections, the Commission had Approved concerns that the Airport Business Area Integrated Conceptual Development Plan project, which they approved at the September 9 meeting, was presented at the City Council meeting on September 28, 2010, with draft minutes and a resolution that had not been reviewed and signed by Planning Commission. The Commission wanted assurance that staff had provided City Council accurate information. Acting Planning Director James Campbell noted this was not the normal procedure, but due to no Planning Commission meeting on September 23, the minutes and resolution were not approved prior to going to City Council. Staff will make all efforts to avoid this happening in the future. Mr. Campbell stated City Council was provided with accurate information on this project. Assistant City Attorney Leonie Mulvihill stated she reviewed the staff report presented to City Council, and concurs with Mr. Campbell the information was accurate. Motion was made by Commissioner Hawkins, seconded by Commissioner Toerge, to approve the minutes as corrected. Motion carried with the following vote: NEWPORT BEACH PLANNING COMMISSION MINUTES 10/07/2010 Ayes: Eaton, Unsworth, Hawkins, Ameri, and Toerge Noes: None Abstained: McDaniel Excused: Hill ren PUBLIC HEARING ITEMS SUBJECT: Chipotle Mexican Grill — (PA2010 -096) ITEM NO. 2 3101 Newport Boulevard PA2010 -096 A use permit and accessory outdoor dining permit to allow a take -out Continued to service eating and drinking establishment with a Type 41 (On Sale November Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) 18, 2010 license and an outdoor patio. The project is located in the Landing Shopping Center (formerly Albertson's) Makana Nova, Assistant Planner, gave a brief presentation. After discussion, the Commission identified the following general comments and concerns for the project: • The outdoor patio exceeds the 25 percent allowance. • The proposed project, if approved as designed, denies future users of rights for a percentage of the parking for patio spaces at the patios. This will limit the kind of uses that come later on. There is an issue giving this user the potential right of other potential users ahead of time to provide outdoor patio space. • There is currently no comprehensive plan for patio areas within the center. A spreadsheet should be developed and maintained to track the impact to parking for the shopping center. • The parking for outdoor patios for the entire shopping should have been addressed previously. The property owner should address the impact on parking for the shopping center. • The parking areas have already been reconfigured and it might not be possible to be redesigned for the additional parking. Staff noted approval of this restaurant is consistent with the prior approval and consistent with the Municipal Code. If sufficient parking is not provided, a parking waiver would be required. Staff does not have the authority to waive parking. Sean Whiskeman, Vice President of Catellus Operating Limited Partnership the property owner, and Rob Lucio, representing Chipotle, responded to several questions from the Commissioners regarding the applicant's necessity for the outdoor patio and how alcohol service will be regulated between the interior of the establishment and the outdoor patio. Alcohol service would be regulated by the manager on -site who has a view of the outdoor patio areas. Both parties Page 2 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/07/2010 preferred a continuance of the entire application rather than a partial approval of the use permit for the interior dining spaces and agreed to have this item continued to November 18, 2010. Public comment was opened. Comments were given by the following residents from the surrounding neighborhood: George Schroeder— Peninsula resident Joe Reiss — 30th Street The residents had the following comments and concerns: • The inability to secure adequate parking for the outdoor patio areas. • The high concentration of alcohol licenses within the vicinity of this application and the resulting negative impacts to residents in the neighborhood. • Expressed general support of the project and thanked staff, the police, and property owner for being very proactive in working with surrounding residents on this application to address their concerns. • Pleased that there will be no televisions, music, smoking, or alcohol in the outdoor dining areas, and the hours of operations are reasonable. Public comment was closed. Motion made by Commissioner Ameri, seconded by Commissioner Hawkins for discussion purposes, to deny a use permit and accessory outdoor dining permit to allow a take -out service eating and drinking establishment with a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license and an outdoor patio. General discussion of the motion ensued. Substitute Motion made by Commissioner Hawkins, seconded by Commissioner Unsworth, to continue this item to November 18, 2010, in order to allow the applicant and the property owner to work with staff to comprehensively address parking for outdoor patios within the entire shopping center as a whole Substitute Motion made by Commissioner Toerge to approve the use without outdoor dining. After discussion of the motion, Commissioner Ameri and Commissioner Toerge withdrew their motions. Commissioner Ameri, maker of motion, agreed to the substitute motion to continue the item to November 18, 2010. Motion carried with the following vote: Page 3 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/07/2010 Ayes: I Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge Noes: None Bella Cara Dermatology GPA — (PA2010 -102) ITEM NO.3 481 — 495 Old Newport Boulevard I PA2010 -102 The applicant is seeking a General Plan Amendment (GPA) to Denied accommodate the development of a 9,500- square -foot office building containing 4,000 square feet of medical office space and 5,500 square feet of general office space. The following applications are requested or required in order to implement the project as presently designed: An amendment to the Land Use Element of the General Plan to increase the allowable floor area for the project site from 8,030 square feet (0.5 FAR) to a maximum development limit of 9,500 square feet (0.59FAR). 2. A use permit to allow portions of the building to exceed the 32- foot base height limit. An 11 -space off - street parking credit commensurate with the number of on- street parking spaces available along the project frontage. 4. A lot merger to combine three lots and 20 feet of the adjacent abandoned right -of -way into one parcel. Jaime Murillo, Associate Planner, gave a brief overview of the staff report. Dr. Hung Ong, applicant, and Theodora Attanassova, project architect, provided a presentation illustrating the existing conditions of the site, proposed project, site constraints, and costs. The Commission asked Ms. Attanassova questions about colors and materials, and how the increased intensity will help enable the project to be constructed. Staff was asked questions about the off - street parking credit. Public comment was opened. The following residents from the surrounding neighborhood spoke in opposition of the project: Eric Sanders — 400 Holmwood Drive Stacy Wise — 3233 Broad Street Stephanie Noble — 3239 Broad Street Garrett Jansma — 3239 & 3241 Broad Street Dane Denson — 3238 Broad Street Ross McElfresh — 514 Bolsa Stephen Nageotte — 3235 Broad Street Tom Baker — 413 Holmwood Drive Page 4 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/07/2010 Ryan Nageotte — 3235 Broad Street The residents shared the following comments and concerns: • Financial feasibility and economic hardship is not appropriate justification to support a General Plan Amendment. • The project will increase the high demand for on- street parking that currently exists in the vicinity of the project. • The increased intensity will increase traffic in the area. • The 10 -day public hearing notice was inadequate and that the applicant should have worked with the neighborhood prior to the hearing. • General opposition for the use permit for increased height. Public comment was closed. The Commission asked Ms. Attanassova, questions about the design of the building and whether the architecture resulted in increased costs as compared to a more conventional design. Ms. Attanassova answered the Commission's questions and responded that although this design appears elaborate, the actual costs associated with the enhanced architecture only add approximately 3 percent to the costs. A high proportion of the costs is due to the constraints of the site (i.e. soils conditions, needed for retaining and shoring walls, and the need for steel construction). After discussion, the Commission provided the following general comments: The inability to secure financing and the applicant's economic hardship is not appropriate justification for approving the requested General Plan Amendment. Concern with the ability of the City to regulate and monitor that the use of the building does not become 100 percent medical in the future, thus increasing traffic and parking impacts. Motion made by Commissioner Toerge, seconded by Commissioner Ameri, to deny an amendment to the Land Use Element of the General Plan, and a use permit, and refer the lot merger request back to the Zoning Administer for review. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge Noes: None Excused: I Hilloren NEW BUSINESS None Page 5 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/07/2010 STAFF AND COMMISSIONER ITEMS City Council Follow -up — James Campbell gave a report on City Council meeting. ITEM NO. 4 Planning Commission reports — Commissioner Eaton reported that the GP /LCP ITEM NO. 5 Implementation Committee meeting was held on September 22, 2010, and decided to table the review of, and recommendations on an Airport Area streetscape improvement plan due to lack of residential initiative. Also, the Zoning Code is being presented to City Council next week. Announcements on matters that Commission members would like placed on a ITEM NO. 6 future agenda for discussion, action, or report. — Chairperson McDaniel reported the Harbor Commission would like to have a joint meeting with the Planning Commission, or give a presentation at a Planning Commission meeting, to discuss and educate the Commission on mutual interests, zoning interface between the harbor uses and land base zoning. Commissioner Hawkins wanted to make sure the Harbor Commission's resolution allowed adjourning their meeting to a joint meeting with the Planning Commission. Commission asked staff to verify there would be no issues to a joint meeting. Commissioner Hawkins requested, again, a report on the solar panels on Bayside be on a future agenda. Commissioner Unsworth would like to see expanded minutes in the future. Mr. Campbell reported that we would start augmented minutes, beginning with this meeting's minutes. Requests for excused absences — None ITEM NO. 7 ADJOURNMENT: 9:36 p.m. MICHAEL TOERGE, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 6 of 6