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HomeMy WebLinkAbout01-Draft Minutes_11-18-2010CITY OF NEWPORT BEACH Planning Commission Minutes November 18, 2010 Regular Meeting — 6:30 p.m. ROLL CALL: Commissioners Eaton, Unsworth, Hawkins, McDaniel, Toerge, Ameri, and Hillgren - present STAFF PRESENT: James Campbell, Acting Planning Director Patrick Alford, Planning Manager Leonie Mulvihill, Assistant City Attorney Makana Nova, Assistant Planner Fern Nueno, Assistant Planner Marlene Burns, Administrative Assistant Gaylene Olson, Department Assistant POSTING OF THE AGENDA: The Planning Commission Agenda was posted on November 12, 2010. PUBLIC COMMENTS: Commissioner Hawkins would like to introduce the new employee. Also, would like to recognize Councilmember Nancy Gardner. James Campbell, Acting Planning Director, introduced, Marlene Burns, as the Commission Secretary. Councilmember Nancy Gardner was recognized by the Chair. REQUEST FOR CONTINUANCES Mr. Campbell stated that the applicant requested that Item No. 3, Chipotle Mexican Grill be continued to the December 9, 2010, Planning Commission Meeting. Mr. Campbell asked that Item No. 4, Newport Animal Hospital, be heard prior to Item No. 2. Motion made by Commissioner Hawkins and seconded by Commissioner Hillgren to continue Item No. 3 to the December 9, 2010, Planning Commission Meeting, and also to hear Item No. 4 before Item No. 2. Motion carries with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Ameri, Hillgren and Toerge Noes: None CONSENT ITEMS SUBJECT: MINUTES of the regular meeting of October 21, 2010. ITEM NO. 1 Motion to approve the minutes as corrected. Approved Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Ameri, Hillgren and Toerge Noes: None NEWPORT BEACH PLANNING COMMISSION MINUTES 11/18/2010 Page 2 of 5 CURRENT BUSINESS Discussion of land use and development issues with the City of Newport Beach Harbor ITEM NO. 2 Commission. Donald Lawrenz, Chair of the Harbor Commission introduced Marshall "Duffy" Duffield, the Vice Chair of the Harbor Commission who presented a PowerPoint Presentation regarding the shift from marine commercial operations to office buildings in the Mariner's Mile area. The Harbor Commission is concerned with the mixed -use designation in that marine commercial operations are being pushed out. Commissioner Toerge stated that this presentation would have helped earlier when the mixed -use was up for a vote when The General Plan update process was being considered several years ago. Donald Lawrenz then presented a PowerPoint Presentation showing some docks are encroaching beyond the established harbor lines, creating safety issues. Commissioner Unsworth wanted to know if there is a city of similar size with the unique features of Newport Beach. Chairman Lawrenz mentioned that Juneau, Alaska is similar and has rules and regulations in place. Chairman Lawrenz wanted to raise the concerns to the Commission that would shed some light and also raise awareness when projects come in. Public comment period was opened. John Corrough, former Harbor Commissioner, indicated that Fort Lauderdale, Newport Rhode Island, and other cities have examples; mainly on the East Coast, they have established rules and regulations. Mr. Campbell appreciates the information that was presented. All projects before the Planning Commission are addressed on a project by project basis. Councilmember Nancy Gardner emphasized that without some of those critical harbor support businesses, the harbor cannot function. Commissioner Toerge suggested that the Harbor Commission designate someone to come to the Planning Commission meeting. Karen Rhyne, Harbor Commissioner, acknowledges that there should have been some input when The General Plan was being updated, but communication needs to go both ways. Chairman McDaniel stated that the Planning Commission is open to hear and available to talk, this is the first time that someone has brought this to the Commission's attention. Public comment period was closed. Motion made by Commissioner Hillgren and seconded by Commissioner Hawkins, to continue the discussion to a time in the future, to be determined by the joint bodies, whenever they are ready to meet and discuss. Motion carried with the following vote: Page 2 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 11/18/2010 Ayes: Eaton, Unsworth, Hawkins, McDaniel, Ameri, Hillgren and Toerge Noes: None CONTINUED PUBLIC HEARING ITEMS SUBJECT: Chipotle Mexican Grill - (PA2010 -096) ITEM NO. 3 3101 Newport Boulevard A use permit and accessory outdoor dining permit to allow a take -out service eating Continued and drinking establishment with a Type 41 (On Sale Beer and Wine, Eating Place) to December Alcoholic Beverage Control (ABC) license and an outdoor patio. 9, 2010 Applicant requested and staff recommended that this item be continued to the December 9, 2010, Planning Commission. Motion: made by Commissioner Hawkins and seconded by Commissioner Hillgren to continue Item No. 3 to the December 9, 2010, Planning Commission Meeting. Motion carries with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Ameri, Hillgren and Toerge Noes: None PUBLIC HEARING ITEMS SUBJECT: Newport Animal Hospital - (PA2010 -125) ITEM NO. 4 21157 Newport Coast Drive PA2010 -125 A use permit to allow a 1,766- square -foot animal clinic in an existing tenant space Approved within the Newport Coast Shopping Center. Makana Nova, Assistant Planner, gave a brief overview of the staff report with a PowerPoint presentation. After discussion, the Commission identified and presented some general comments and concerns: • Number of animals should have a maximum. • Hours of operation 8:00 a.m. —7:00 p.m. daily. • Noise and nuisance mitigation. • Wastes from medical procedures. Applicant John Giannone, a veterinarian, responded to their questions and concerns. Public comment period was opened. No public comments. Public comment period was closed. Motion made by Commissioner Toerge and seconded by Commissioner Hawkins, to adopt a resolution approving Use Permit No. UP2010 -026 with the attached findings and conditions: • Modify Condition No. 12 by adding, a maximum number of animals, and to read, "Facilities for housing of not less than five 5 animals, and not more Page 3 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 11/18/2010 than eighteen (18) animals shall be maintained on the premises. Only critical patients shall be kept longer than 24 hours. No boarding of animals shall be permitted." • Adding a condition, "The disposal of medical waste or any bi- products shall be subject to all local regulations governing the disposal of medical waste for the establishment, including the Orange County Health Department." Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Ameri, Toerge and Hillgren Noes: None NEW BUSINESS SUBJECT: Solar Energy System Installations ITEM NO. 5 The Planning Commission requested to review options for solar energy systems installations that were discussed at the City Council Study Session on October 26, 2010. At the City Council Study Session, Staff was directed to draft an ordinance to implement the Solar Rights Act. Additionally, the Council directed Staff to prepare voluntary guidelines, to evaluate and make recommendations regarding incentives, to evaluate glare as it relates to health and safety impacts, to consider how the Coastal Act would apply with the Coastal Commission, and to bring back the ordinance and information to Council in January 2011. Fern Nueno, Assistant Planner, gave a brief staff report stating that health and safety impacts are the only issues that can to be addressed when reviewing solar energy system installations pursuant to the Solar Rights Act, and regulating aesthetics is expressly prohibited. Commissioner Hawkins believes that there are health and safety issues associated with the installation of solar energy systems, and he believes that there is a need to better regulate these installations. He expressed his belief that the solar collector array, above Bayside Drive, doesn't comply with the general plan or the local coastal plan, and he does not feel that the City should have approved the building permit. Commissioner Hillgren expressed his idea to provide incentives or to establish a collective park of solar panels somewhere in the City that residents can buy into, thereby, creating some benefit, rather than having individual arrays at homes. Newport Beach could be a model city. Commissioner Unsworth has some issues with reference to the Santa Monica ordinance, and would like the Commission to have some input on the City's solar ordinance. Assistant City Attorney, Leonie Mulvihill, stated that what could be done is for the City to adopt regulations and to make findings within that ordinance that certain issues are of matter of health and safety to the City, and the ordinance could set -up a process for reviewing solar energy system installations either administratively or with a use permit when applications meet certain standards that relate to health and safety. Mr. Campbell mentioned that this would be an amendment to the Zoning Code and will be brought forward to the Planning Commission for input and a recommendation. Commissioner Eaton expressed support for regional solutions and mentioned that there are problems with putting solar panels on open space. He suggested that the City could build them on the roofs of warehouses and the owners would get a payment Page 4 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 11/18/2010 and the residents would get solar panels credit. Ms. Nueno mentioned that the City could also look into AB 811, which allows the City to establish assessment districts for solar energy system installations. This would pass along the cost of the system to the subsequent homeowner if the house was sold. Public comment period was opened. No public comments. Public comment period was closed. No motion is needed as it is in the record; it is received and filed. STAFF AND COMMISSIONER ITEMS Planning Director's report: ITEM NO. 6 • Introduced new building code and it will be in effect January 1, 2011. • China Palace appeal, continued to the next City Council Meeting on November 23, 2010. • The next City Council Meeting on November 23, 2010, will be a study session about Lido Village Conceptual Plan. oCommissioner Hawkins wanted to know since Mayor Pro -Temp Henn, recused himself because of an interest that he had in a property, how is he the one negotiating on behalf of the city? oMs. Mulvihill was not aware of a conflict and would bring it up to Mayor Pro- Tern's attention. • There is a continuing effort to improve customer service and to introduce a Concierge -type service. Planning Commission reports: ITEM NO. 7 • Commissioner Hawkins attended the EDC Meeting and heard about the Planning /Building re- organization. There was a discussion of a "Shop Local" program and SCAG had asked the city to adopt a draft resolution that incorporates business friendly services, which was tabled. Councilmember Henn discussed the mooring issues and Lido Marina Village. Business License Sub - Committee continues to meet. Announcements on matters that Commission members would like placed on a future ITEM NO. 8 agenda for discussion, action, or report. Commissioner Hillgren would like to receive some information and update as to the City Hall project. Requests for excused absences — None ITEM NO. 9 ADJOURNMENT: 9:02 p.m. MICHAEL TOERGE, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 5 of 5