HomeMy WebLinkAboutDraft Minutes_08-05-2010CITY 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:
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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
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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
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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 conception 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
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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, Toerge, and Hillgren
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
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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
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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, Toerge, and Hillgren
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
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