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HomeMy WebLinkAbout08/05/2010CITY OF NEWPORT BEACH Planning Commission Minutes August 5, 2010 Regular Meeting — 6:30 p.m. ROLL CALL Commissioners Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge - present. Commissioner Hillgren - excused. STAFF PRESENT: Patrick Alford, Planning Manager James Campbell, Principal Planner Leonie Mulvihill, Assistant City Attorney Tony Brine, City Traffic Engineer Janet Brown, Associate Planner Fern Nueno, Assistant Planner Makana Nova, Assistant Planner Ruby Garciamay, Department Assistant POSTING OF THE AGENDA: The Planning Commission Agenda was posted on July 29, 2010. PUBLIC COMMENTS: None REQUEST FOR CONTINUANCES: None CONSENT ITEMS SUBJECT: MINUTES of the Adjourned Special Meeting of July 15, 2010. ITEM NO. 1a Motion was made by Commissioner Hawkins, seconded by Commissioner Approved Unsworth, to approve the minutes as corrected. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, and Toerge Abstained: Ameri SUBJECT: MINUTES of the Adjourned Regular Meeting of July 22, 2010. ITEM NO. lb Motion was made by Commissioner Toerge, seconded by Commissioner Approved Hawkins, to approve the minutes as corrected. Motion carried with the following vote: NEWPORT BEACH PLANNING COMMISSION MINUTES 08/05/2010 Ayes: Eaton, Unsworth, Hawkins, McDaniel, and Toerge Abstained: Ameri SUBJECT: Voyer Modification Permit Resolution No. 2010 -1813. ITEM NO. 1c Motion was made by Commissioner Eaton, seconded by Commissioner Continued to Toerge, to approve Resolution No. 2010 -1813. 08/19/2010 Substitute motion was made by Commissioner Hawkins, and seconded by Commissioner Unsworth to continue item to August 19, 2010. Substitute motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, and Ameri Noes: McDaniel and Toerge PUBLIC HEARING ITEMS SUBJECT: Mosen Residence - (PA2010 -040) ITEM NO. 2 4500 and 4504 Seashore Drive PA2010 -040 The application is for a condominium conversion to convert a duplex Approved into a condominium project. The code required two -car parking per unit will be provided. No exceptions to the Title 19 development standards are proposed with this application. Also included in the request is a modification permit to allow the width of the required parking spaces to be less than the minimum requirements required by the Zoning Code. Patrick Alford, Planning Manager, gave a brief overview of the staff report. Robert Hawkins, appellant and Buzz Person, applicant representing the property owner, concurred to withdraw the appeal and were available for questions. Public comment was opened. No comments were made. Public comment was closed. Motion made by Commissioner Toerge, seconded by Commissioner Unsworth, finding that the appellant's withdrawal of the appeal obviates the requirements for a public appeal hearing, that no further action is necessary, and the Zoning Administrator's action is final. Motion carried with the following vote: Page 2 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/05/2010 Ayes: I Eaton, Unsworth, McDaniel, Ameri, and Toerge Abstained: Hawkins SUBJECT: Newport Bay Marina - (PA2001 -210) ITEM NO. 3 2300 Newport Boulevard PA2001 -210 The application is for the review and approval of a Construction Approved Traffic Management and Control Plan and a Parking Management Plan for the Newport Bay Marina project. Jim Campbell, Principal Planner, gave a brief overview of the staff report. Carol McDermott of Government Solutions, representing property owner, presented a slide show. Mrs. McDermott and Hugh Rowles of Diamond Parking Services, made comments to the Construction Traffic Management and Control Plan and the Parking Management Plan. Public comment was opened. Comments were given by the following: Dwight J. Griffith, representing the property owner of The Crab Cooker, and Jim Wasco, co -owner of The Crab Cooker expressed concern about the Construction Traffic Management Plan Aschin Etebar, applicant and owner of ETCO Public comment was closed. Motion made by Commissioner Hawkins, seconded by Commissioner Ameri, to approve the Construction Traffic Management and Control Plan, and the Parking Management Plan, after debate, with the following changes: modify Condition No. 9 by replacing the words will be with "shall be" in both sentences; modify Condition No. 12 by adding traffic controller and to read "designated employee traffic controller"; modify Condition No. 13 by adding "designated employee/traffic controller"; modify Condition No. 13 by replacing will be and could be with "shall be "; add a new condition to the Construction Management Plan and Parking Management Plan requiring review and monitoring by the Planning Director and to allow revisions to plans, as needed. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge Noes: None SUBJECT: PRIES Office Building B - (PA2007 -213) ITEM NO. 4 4300 Von Karman Avenue PA2007 -213 The applicant proposes development of a new three -story office Continued to building. The following approvals are requested or required in order 08/19/2010 to implement the project as proposed: 1. A General Plan Amendment to increase the maximum allowable development limit in Anomaly Location #2 in Statistical Area L4 Page 3 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/05/2010 (Airport Area) of the General Plan Land Use Element by 11,54' gross square feet. 2. An amendment to the Koll Center Newport (PC -15) Planne< Community text to allow an increase to the Allowable Building Aree for Professional & Business Office Site B by 9,917 net square feet. 3. A tentative parcel map is proposed to subdivide the existing 55,779 square -foot parcel of land into two separate parcels. 4. An exception to the Koll Center Newport Planned CommunitN General Development standards which require a minimum site o area of not less than 30,000 square feet, and a change in the off street parking requirement of one space for each 225 square feet t< one space for each 250 square feet of net floor area Janet Brown, Associate Planner, gave a brief overview of the staff report with PowerPoint presentation. Karen Martin of Pacific Planning Group, and Henry Osegueda, Civil Engineer, representing the applicant made comments. Scott Laidlaw, architect gave a power point presentation. Nicole William of ICF International, City's Environmental Consultant, distributed hard copies of Errata to Draft IS /MND to the Planning Commission and staff and made comments. Public comment was opened. Comments were given by the following: Ryan M. Easter, attorney representing property owner Meyer Properties at 4320 Von Karman Jim Hasty, speaking on behalf of Meyer Properties Public comment was closed. Motion made by Commissioner Eaton, seconded by Commissioner Ameri, to continue item to August 19, 2010 and request staff to provide the following additional information: Explain the basis for Traffic/Trip Generation Table provided in staff's power point presentation; provide rational for Land Use Policy 3.2 that was verbalized, but not included in staff report; provide clarification in response to issue raised in Palmeri Letter on a.m. peak hour trips and p.m. peak hour trips as to whether the peak hour trips per day should be combined. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge Noes: None Newport Business Plaza - (PA2008 -164) ITEM NO. 5 4699 Jamboree Road and 5190 Campus Drive PA2008 -164 Page 4 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/05/2010 commercial business plaza. The following approvals are requested in order to implement the project: 1. A General Plan amendment to increase the maximum allowE development limit for Anomaly Location #6 in Statistical Area (Airport Area) of the General Plan Land Use Element by 11, gross square feet. 2. An amendment to the Koll Center Newport (PC -15) Plannei Community text to allow an increase to the Allowable Building Are for Professional & Business Office Site F by 18,346 net square feet. 3. A tentative parcel map for commercial condominium purposes, to combine the existing two parcels (Parcel 1 at 4699 Jamb Road, and Parcel 2 at 5190 Campus Drive) into a single bui site. Janet Brown, Associate Planner, gave a brief overview of the staff report with PowerPoint presentation. Meg Shockley corporate council for World Premier Investments, and Evan Raabe, Ware Malcomb Architects, representing applicant made comments. Public comment was opened. No Comments were made: Public comment was closed. Motion made by Commissioner Eaton, seconded by Commissioner Unsworth, to adopt a resolution, after debate, as follows: Recommend the City Council adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program; Approve General Plan Amendment No. 2008 -007; Approve Planned Community Development Plan Amendment No. 2009 -001; Approve Tentative Parcel Map No. 2010 -006 based upon additional condition that tentative map be based upon conceptual plan, dated 3 -15 -2010. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge Noes: None Newport Beach Winery - (PA2010 -078) 869 West 16`h Street PA2010 -078 The application is for a Zoning Code Amendment to apply the Interim Approved Study (IS) Overlay District designation to 869 West 16`h Street to allow food processing, which is not an allowed use in the Controlled Manufacturing (M -1 -A) Zoning District. The IS Overlay District designation is used to implement the 2006 General Plan when a project or use is inconsistent with the current Zoning Code, while the Code is being updated to reflect the new General Plan. The Page 5 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/05/2010 applicant proposes a winery (wine production with accessory retail sales and accessory wine tasting). Fern Nueno, Assistant Planner, gave a brief overview of the staff report, including a minor change to the project description in the Study Plan. Cora Newman of Government Solutions, representing the applicant and Gus Defalco, applicant made comments and answered questions posed by the Commission. Detective Bryan Moore, Newport Beach Police Department made further comments and was available for questions. Public comment was opened. No comments were made. Public comment was closed. Motion made by Commissioner Toerge, seconded by Commissioner Unsworth, to adopt resolution, as follows; recommend City Council approval of Code Amendment No. CA2010 -005. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge Noes: None China Palace Use Permit - (PA2010 -082) 2800 West Coast Highway ITEM NO. 7 PA2010 -082 The application is for a use permit to allow live entertainment and Approved dancing within an existing full- service eating and drinking establishment with on -sale alcohol service. Required off - street parking for the project will be provided at an off -site parking lot located at 2750 West Coast Highway. Makana Nova, Assistant Planner, gave a brief overview of the staff report with a PowerPoint presentation. Scott Peotter, representing the applicant, presented an aerial map depicting restaurants surrounding China Palace to the Planning Commission and staff and made comments. Detective Bryan Moore, Newport Beach Police Department made comments. Public comment was opened. Comments were given by the following: Michael Fells, 308 Avenida Carlos Howard Larsen, 407 Kings Place Craig Hudson, Newport Beach resident Dr. Cassidy, Cliff Drive resident Kathy Seymour, Kings Road resident Page 6 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/05/2010 Public comment was closed. Motion made by Commissioner Toerge, seconded by Commissioner Eaton, to adopt a resolution, after debate, to approve Use Permit No. UP2010 -015 subject to the findings and conditions of modified resolution provided by the applicant's representative as follows: • Page 3 of 13, Section B -2 — Strike the last portion of last sentence: "and to limit the hours of operation so that the establishment closes 12:00 midnight. • Page 4 of 13, Section C -1 — Incorporate all changes: Replace the word proposed with "existing" and add the word "proposed' before live entertainment • Page 4 of 13, Section C -2 — Modify section to read as follows: "The hours of operation have been conditioned to limit live entertainment at the establishment from 6:00 p.m. to 1:00 a.m. The hours of operation for the establishment will be reduced to 7:00 a.m. to 2:00 a.m., daily." • Page 6 of 13, Exhibit "A", Condition No. 4 — Modify condition to read: "The hours of operation for the eating and drinking establishment indoors shall be limited from 7:00 a.m.to 2:00 a.m., daily. The hours of operation for the outdoor dining area shall be limited from 7:00 a.m. to 12:00 midnight." • Condition No. 5 — Modify condition to read: "Live entertainment shall be permitted at the subject property from 6:00 p.m. to 1:00 a.m." • Condition No. 6 — Incorporate all changes: "Dancing is allowed for the hours of live entertainment." • Condition No. 7 - Incorporate all changes: "The area provided for live entertainment and dancing shall not exceed 400 square feet." • Condition No. 12 — Incorporate all changes: "Live entertainment shall be as defined in the Municipal Code." • Condition No. 25 — Incorporate all changes: add the words "per current code" after the word below in the last sentence. • Condition No. 36 — Incorporate all changes: Change 8:00 a.m. to 7:00 a.m." • Condition No. 61 — Incorporate all changes: Change 12:00 midnight to "closing ". • Condition No. 62 — Modify condition to require a total of "30 parking spaces" and incorporate all other changes. • Condition No. 64 — Incorporate all changes: Replace application with "applicant" • Add condition to read "When offering live entertainment, all doors and windows shall remain closed except for the normal ingress /egress doors. The doors and windows from the primary dining room to the outdoor dining room shall be closed at all times during the hours of live entertainment other than for server access." • Add condition to read "As a condition precedent to the Applicant conducting operations under Use Permit No. UP2010 -015 (PA2010 -082), the Applicant shall obtain the Planning Director's approval of a written agreement between the Applicant (as lessee) and the owner of the orooertv located at 2750 West Coast Hiohwav and 149 Riverside Avenue Page 7of8 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/05/2010 #B (as lessors) providing parking for thirty (30) cars and seven (7) cars, respectively. If at any time the bank, located at 2750 West Coast Highway, extends its hours of operation beyond 6:00 p.m., or if Applicant's possession of the parking lot is terminated, or if the agreement is terminated for any reason, then the live entertainment rights of the Applicant to operate under the above - referenced Use Permit shall immediately terminate until replacement off -site parking, acceptable to the Planning Director, is obtained for the subject property." • Add a condition to read "Use Permit No. UP2010 -015 shall be subject to a one year review before the Planning Commission after the date of approval ". Scott Peotter stated that the applicant was not agreeable to the hours of live entertainment being limited to 1:00 a.m. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge, Noes: None NEW BUSINESS None STAFF AND COMMISSIONER ITEMS City Council Follow -up — meeting adjourned prior to consideration of this item ITEM NO. 8 Planning Commission reports — meeting adjourned prior to consideration of this ITEM NO. 9 item Announcements on matters that Commission members would like placed on a ITEM NO. 10 future agenda for discussion, action, or report. — meeting adjourned prior to consideration of this item. Requests for excused absences — meeting adjourned prior to consideration of ITEM NO. 11 this item ADJOURNMENT: 11:30 p.m. MICHAEL TOERGE, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 8 of 8