HomeMy WebLinkAboutDraft Minutes - 06/05/2008Planning Commission Minutes 06/05/2008
CITY OF NEWPORT BEACH
DRAFT Planning Commission Minutes
June 5, 2008
Reaular Meetina - 6:30 D.M.
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INDEX
OLL CALL
ommissioners Eaton, Peotter, Cole, Hawkins, McDaniel, Toerge and Hillgren —
ommissioner Cole arrived at 6:45, all other Commissioners were present
TAFF PRESENT:
David Lepo, Planning Director
aron Harp, Assistant City Attorney
ony Brine, Traffic Engineer
Patrick Alford, Planning Manager
Rosalinh Ung, Associate Planner
Janet Brown, Associate 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 30, 2008.
HEARING ITEMS
OBJECT: MINUTES of the regular meeting of May 22, 2007.
ITEM NO. 1
Motion was made by Commissioner McDaniel and seconded by Commissioner
Approved
Peotter to approve the minutes as amended.
Ayes:
Peotter, Hawkins, McDaniel and Toerge
Abstain:
Eaton and Hillgren
I
Absent:
Cole
OBJECT: Fury Rok & Rol Sushi Lounge (PA2005 -087)
ITEM NO. 2
4221 Dolphin Striker Way
PA200"87
Update on the revocation of Use Permit No. 3162 and Use Permit No. 2005 -018.
Continued to
06/19/2008
Planning Director David Lepo noted that the City Attorney requests that the
Planning Commission continue this item to June 19, 2008.r
Motion was made by Commissioner Peotter and seconded by Commissioner
Hillgren to continue this item to June 19, 2008.
Ayes:
Eaton, Peotter, Hawkins, McDaniel, Toerge and Hillgren
Noes:
None
Absent:
Cole
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OBJECT: Sejour (PA2002 -167)
ITEM NO. 3
3400 Via Lido
PA2002467
Revocation of use permits for an off -site alcoholic beverage outlet with accessory
Continue to
on-site alcohol consumption, food service and live entertainment.
07/17/2008
Planning Director David Lepo noted that the applicant requests that the Planning
ommission continue this item to July 17, 2008. The applicant has been advised
f potential pitfalls for the new application, specifically their parking agreement tha
xpires in December. The applicant has been told to submit an application for a
use permit that is consistent with whatever conditions there might be; and, there
as no assurance that the submitted application would be approved.
Chairman Hawkins noted his concerns with the applicant's letter requesting a
continuance and that the revocation on the current use permit should commence.
Public comment was opened.
Christine Overstreet, one of the owners of 3400 Via Lido, stated their reason for
he request for the continuance and noted their submission of a new application.
Public comment was closed.
Motion was made by Commissioner Toerge and seconded by Commissioner
McDaniel to continue this item to July 17, 2008.
Ayes:
Eaton, Peotter, Hawkins, McDaniel, Toerge and Hillgren
Noes:
None
I
Abstain:
Cole
OBJECT: Housing Element (PA2008 -078)
ITEM NO. 4
PA2008 -078
The Housing Element contains goals, polices and programs related to the
development, maintenance and improvement of the City's housing stock.
Additionally, it includes identification of the adopted Regional Housing Needs
Continue to
Assessment (RHNA), housing opportunities and constraints with particular
06/19/2008
attention given to providing housing for people at all income levels.
Planning Director David Lepo noted that staff requests that the Planning
Commission continue this item to June 19, 2008.
Motion was made by Commissioner Peotter and seconded by Commissioner
Hillgren to continue this matter to June 19, 2008.
Ayes:
Eaton, Peotter, Hawkins, McDaniel, Toerge and Hillgren
Noes:
None
I
Absent:
Cole
OBJECT: Panini (PA2007 -063)
ITEM NO.5
2421 E. Coast Highway
PA2007 -133
Approved
The applicant has submitted an amended application for Use Permit, Accessory
Outdoor Dining Permit, and Off -site Parking Agreement for the operation of a full -
service restaurant, with a Type 41 ABC License for beer and wine, an outdoo
fining area and an off -site parking agreement. The proposed project include
minor changes to the rear elevation of its building and to the valet parking
configuration and the submittal of two technical studies that were not a part of the
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application.
Planner, Ms. Ung, gave an overview of the staff report.
members, Aaron Harp, Tony Brine and Ms. Ung discussed the answ
ed in the staff report to the comment letters written by Joel Kuperberg
and Tucker LLP, Robert Kahn of RK Engineering Group, Inc., and Den
Innis O'Neil spoke as representative of the applicant noting an initial study
tigated Negative Declaration had been prepared with the conclusion that t
no potential significant impact per CEQA guidelines.
following representatives of the applicant spoke in support of the
1. Bill Edwards of Planet Design who gave an overview of the revisions to
a rchitectural plans.
2. Tony Petros, Principal of LSA, who gave an overview of the traffic
a nd parking prepared for the applicant.
comment was opened.
following members of the public appeared in opposition to the
. Diane Baker - concerned about the parking and the need to take
account the outdoor dining;
. Patricia Bowman - concerned with safety and the ability to, as a 'fi
responder', get through Begonia Avenue with the street parking; quality
life issue and restaurant patron and employee parking;
. Dr. Lila Crespin - quality of life in balance with business in the
CEQA concerns, car alarms; unruly patrons and the parking;
. Dennis Baker - presented a video on the traffic in the alleyway;
. Joel Kuperberg - representing Commercial West Brokerage owner of
adjacent property, re- counted his letter that had been addressed by
Commission and staff;
. Mr. Walker - owner and operator of Bungalow, need to consider the ii
on neighboring businesses and residences; safety and lack of parking;
. Richard Bums - can't control the parking; can't control when truck
will be made; crossing Coast Highway could be a safety issue;
. Phil Berry - landowner of Bungalow's noted he had met with the
proponents and discussed potential parking and truck loading;
. Peggy Fort - quality of life issue and more time is needed to validate
of the proposed project;
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. Dolores Offing - mixed use doesn't work; all restaurants in the neighborf
contribute to the parking problems; enforcement is lacking.
gearing in support of the proposed project:
. Dr. Julie Rawls - there is a problem in the neighborhood that is contrib
to by everyone; the Police Department can handle the congestion in
area; the restaurant is a nice one; Bungalow's and the Crow Bar
problematic;
. David Hendricks - this restaurant is a good neighbor and generates
business, promotes good will and offers quality food and service;
• Kathryn Biggers - explained the valet parking test run; the building is
personal purchase and will serve as a flagship for the business; alrea,
have five restaurants in southern California; provide greater custom
amenities and services;
• Andres Silmore- restaurant patron; the owners are attempting to impro
business and parking in the community;
. Mark Susson - restaurant patron; restaurant does not serve alcohol and i
patronized by locals and provides great food, service and is family oriented;
comment was closed.
ner Toerge gave comments and submitted the following
for the record in opposition to this proposed project:
. Panini's should be congratulated for being one of the successful restaun
serving residents and visitors in Corona del Mar; however, great food,
nice atmosphere and the kind nature of the ownership is not relevant to
land use decision before the City;
. The CUP runs with the land, not with the business or business owner.
anytime in the future, the business can be relocated, but the approved
permit will stay in place at the business location just as the existing Pa
Use Permit will remain in place at the existing location;
. This is an application for a new restaurant use, not the relocation of
existing restaurant use;
. Our job is to address the land use characteristics and impacts of
application to insure that while this applicant pursues his goals
aspirations, that such a pursuit is done so within governing code and
not unfairly burden others, businesses and residents alike;
. We do not write the policy for the City, they are already established and
forth in the Zoning Code and other governing documents;
. We are citizens charged with the responsibility to provide common
decisions based upon the codes as they are written, not to rewrite the
or ignore them for any reason;
. Consistency with the General Plan;
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. Proper number of spaces required - I think the number provided is
that is 21 spaces, 12 within the garage and 10 off -site;
. The criteria we are mandated to use in making this determination requires
to consider the net public area designated for dining; number of tabl
parking lot design, the use of tandem and valet parking; the extent of outd;
dining;
. I also consider the reality that some customers walk to the restaurant
that often times the restaurant is full and there are customers waiting out
which is an added demand on parking;
. With these operating characteristics in mind, I conclude that the
number of parking spaces is 22;
. For all of these reasons, he does not support the application.
>tion was made by Commissioner Cole and seconded by Commissioner f
approve Use Permit No. 2007 -010, Accessory Outdoor Dining Permit No.
6, Off -site Parking Agreement No. 2007 -001, and Mitigated Negative Decl;
late Clearinghouse No. 2008041099).
Hawkins noted changes to the resolution on pages 9, 13, 15,
of approval numbers 1, 8, 9, 12, 42.
Peotter noted changes to condition 44.
maker of the Motion amended his original motion to include the
Toerge noted change to conditions 46 and 54.
N vote taken on change to Condition 46 striking "16" and inserting "12'; at
of first sentence on Condition 54 insert, ...at all times.
- No, Commissioners Eaton, Peotter, Cole, McDaniel
- Commissioners Eaton, Cole, McDaniel and Hillgren - add, "at all times
s of operation ".
- No. Commissioner Peotter
- Yes, Commissioner Toerge
, Condition 46 stays as is and Condition 54 is modified to include , at
during restaurant hours.
Cole noted he accepts the changes and incorporates them in
Commissioner inquiry, Mr. Dennis O'Neil answered that the applicant f
ewed the conditions and the findings in the staff report and have followed
rections and errata corrections mentioned and accepted by the maker of
Jon as well as the straw vote and agrees to all and asks that the resolution
;roved tonight.
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Ayes:
Eaton, Peotter, Cole, Hawkins, McDaniel and Hillgren
Noes:
Toerge
Absent:
None
xxx
SUBJECT: Oasis (PA2008 -109)
ITEM NO.6
800 Marguerite Avenue
PA2008 -109
n initiation of an amendment to the Zoning Districting Maps to reclassify the
Recommended
for initiation
zoning of two parcels of land owned by the City of Newport Beach from PC -33
(Corona del Mar Seniors Project Planned Community) to OS (Open Space) in
conjunction with the construction of a new Oasis Senior Center.
This item was re- ordered and heard fourth on the agenda.
Associate Planner Janet Brown gave an overview of the staff report.
Public comment was opened.
Public comment was closed.
Motion was made by Commissioner Toerge and seconded by Commissioner
McDaniel to adopt resolution to initiate an amendment of Zoning Districting Map
No. 32 and No. 51 to reclassify the zoning of Lots A and B of Tract 11949 from
PC -33 to OS.
Ayes:
Eaton, Peotter, Cole, Hawkins, McDaniel, Toerge and Hillgren
Noes:
None
Absent:
None
xxx
DDITIONAL BUSINESS:
ADDITIONAL
BUSINESS
a. City Council Follow -up - Mr. Lepo reported that there was appeal filed or
Bay Burger and Council overturned the ruling of the Planning Commission.
b. Matters which a Planning Commissioner would like Staff to report on at
subsequent meeting - The Commission asked for the rules issue on minute
to be brought back at the next meeting.
c. Project status - Mr. Lepo noted staffs progress on the review of the Zonin
Code that will be heard by Planning Commission and Council at the fal
hearings; Commissioner Toerge noted the Green Building Task Force
convened for the first time this month to discuss goals and purpose to
identify and implement green building standards into the development an
construction in the City.
d. Requests for excused absences - Commissioners Hillgren and Toerge
excused from the meeting of July 17.
ADJOURNMENT: 10:30 p.m.
DJOURNMENT
BRADLEY HILLGREN, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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