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Home My WebLink About04/08/2010CITY OF NEWPORT BEACH Planning Commission Minutes April 8, 2010 Regular Meeting - 6:30 p.m. Central Library — Friends Room 1000 Avocado Avenue ROLL CALL Commissioners Eaton, Unsworth, Peotter, Hawkins, McDaniel, and Hillgren — present Commissioner Toerge - excused STAFF PRESENT: David Lepo, Planning Director Patrick J. Alford, Planning Manager Michael Torres, Deputy City Attorney Makana Nova, Assistant Planner Chris Savan, Planning Technician Fern Nueno, Assistant Planner Ruby Garciamay, Department Assistant PUBLIC COMMENTS: PUBLIC COMMENTS None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on April 2, 2010. HEARING ITEMS SUBJECT: MINUTES of the regular meeting of March 18, 2010. ITEM NO. 1 Approved Motion was made by Commissioner McDaniel and seconded by Commissioner Unsworth to approve the minutes as corrected. Ayes: Eaton, Unsworth, Hawkins, and, McDaniel Abstained: Peotter and Hillgren Excused: Toer e SUBJECT: Newport Auto Center Renovation (PA2010 -012) ITEM NO. 2 445 E. Coast Highway PA2010 -012 The application consists of a use permit amendment to allow the addition Approved of 4,998 square feet to existing showroom areas, a new service canopy, and changes to the building fagade of the Newport Auto Center. Makana Nova, Assistant Planner, distributed a revised draft resolution to the Planning Commission and gave a brief overview of the staff report with a slide NEWPORT BEACH PLANNING COMMISSION MINUTES 04/08/2010 presentation. Public comment was opened. Comments in support and of concern were given by the following: Larry Tidball, applicant and architect with Stantec Architecture David Litty, representing Newport Auto Center Marjorie Austin, 401 Bayside Drive Public comment was closed. Motion made by Commissioner Peotter, seconded by Commissioner Unsworth, to adopt a resolution, after debate and amendment, as follows: approve Amendment No. 2 to Use Permit No. UP3660; modify Condition No. 14 by inserting the word "outside' at the end of the condition to read "No vehicles shall be displayed with open hoods, doors, trunks, or tailgates outside. "; modify Condition No. 16 by inserting a sentence at the end of the condition to read "The applicant shall provide a solid access gate along Bayside Drive. "; modify Condition No. 36 by replacing the second sentence to read "The applicant shall submit a landscape plan to the Planning Director for review and approval prior to the issuance of building permits ". Motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter, Hawkins, and McDaniel Noes: Hillgren Excused: Toer e SUBJECT: Pita Pit Restaurant (PA2009 -160) ITEM NO. 3 3305 Newport Boulevard, Unit E PA2009 -160 A use permit to extend the hours of operation on Thursday, Friday and Approved Saturday nights from 11:00 p.m. to 2:30 a.m., and an outdoor dining OD2009 -005 permit to allow two tables, with two seats each, within the public right-of- way. Denied UP2009 -040 Chris Savan, Planning Technician, gave a brief overview of the staff report. Public comment was opened. Comments in support, opposition and of concern were given by the following: Edward Lucero, applicant and co -owner of Pita Pit Mena Rizk, applicant and co -owner of Pita Pit Henry Hass, 400' /z Clubhouse Avenue Detective Bryan Moore, Newport Beach Police Henry Hass, 400'/2 Clubhouse Avenue, presented a letter in opposition to the proposed extension of hours to the Planning Commission. Page 2 of 4 NEWPORT BEACH PLANNING COMMISSION MINUTES 04/08/2010 Public comment was closed. Motion made by Commissioner Eaton, seconded by Commissioner McDaniel, to adopt a resolution, after debate, as follows: deny Use Permit No. UP2009- 040 and approve Outdoor Dining Permit No. OD2009 -005. Substitue motion made by Commissioner Hillgren, seconded by Commissioner Peotter directing staff to return with a draft resolution recommending approval of Use Permit No. UP2009 -040, conditioned appropriately, including the added conditions, as follows: extend the hours of operation to midnight; require the applicant to submit a security plan approved by the Police Department with the ability to restrict the hours to 11:00 pm to the extent the Police Department is not satisfied with the security plan or the implementation; restrict the hours of trash removal to be no later than 10:00 pm; restrict deliveries to between the hours of 10:00 am to 2:00 pm, five days a week; and approve Outdoor Dining Permit No. OD2009 -005. Substitue motion failed with the following vote: Ayes: Peotter, Hawkins and Hillgren Noes: Eaton, Unsworth, and McDaniel Excused: Toerge Motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter, Hawkins, McDaniel, and Hillgren Noes: None Excused: Toer e SUBJECT: Balboa Island Village Inn (PA2009 -014) ITEM NO. 4 127 Marine Avenue PA2009 -014 A one -year review for Use Permit No. UP2009 -002. The Use Permit was Received and approved on March 19, 2009, to allow the existing full service restaurant filed to convert dining room seating into bar seating and to allow continued alcoholic beverage sales. Fern Nueno, Assistant Planner, gave a brief overview of the staff report. Public comment was opened. Comments in support and of concern were given by the following: Aric Toll, owner of The Village Inn Rick Sherman, 177 -F Riverside Avenue, #207 Detective Bryan Moore, Newport Beach Police Public comment was closed. Motion made by Commissioner Peotter, seconded by Commissioner Hillgren, to receive and file. Page 3 of 4 NEWPORT BEACH PLANNING COMMISSION MINUTES 04/08/2010 Motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter, Hawkins, McDaniel, and Hillgren Noes: None Excused: Toer e NEW BUSINESS: Location of upcoming Planning Commission meetings — Patrick Alford updated the ITEM NO. 5 Commission on status of the Council Chambers and announced the locations of the upcoming Planning Commission meetings: • April 22 at 7:00 pm at Santa Ana Heights Fire Station No. 7 • May 6, at 6:30 pm at the Newport Coast Community Center • May 22 to be determined City Council Follow -up — David Lepo announced Sunset Ridge Park EIR was ITEM NO. 6 certified at the March 23, 2010, City Council meeting. Planning Commission reports — Commissioner Eaton reported that a GP /LCP ITEM NO. 7 Implementation meeting was held on March 31, 2010, and the next meeting scheduled is for April 21, 2010. Announcements on matters that Commission members would like placed on a ITEM NO. 8 future agenda for discussion, action, or report — Chairman Hawkins requested that Department staff and the City Attorney's office create a new condition for all annual reviews that includes a requirements for appropriate notice of public hearing such that changes to conditions of approval could be made by the Planning Commission concurrent with the annual review. Requests for excused absences — Commissioner McDaniel requested to be ITEM NO. 9 excused from the April 22, 2010 Planning Commission meeting. ADJOURNMENT: 8:54 p.m. CHARLES UNSWORTH, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 4 of 4