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Home My WebLink About1.0B - Draft Minutes May 22, 2014 Regular MeetingNEWPORT BEACH PLANNING COMMISSION MINUTES kyj 1Tl w CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers — 100 Civic Center Drive Thursday, May 22, 2014 REGULAR MEETING 6:30 p.m. CALL TO ORDER - The meeting was called to order at 6:30 p.m. 5/22/14 PLEDGE OF ALLEGIANCE — Vice Chair Tucker ROLL CALL PRESENT: Amen, Brown, Kramer, Lawler, Myers, and Tucker ABSENT: Hillgren (Excused) Staff Present: Brenda Wisneski, Deputy Director Community Development; Leonia Mulvihill, Assistant City Attorney; and Marlene Burns, Administrative Support Specialist PUBLIC COMMENTS Vice Chair Tucker invited those interested in addressing the Planning Commission on items not on the agenda, to do so at this time. Jim Mosher thanked Vice Chair Tucker for writing to City Council regarding retention of Planning Commission recordings of meetings. He added that City Council followed Vice Chair Tucker's advice and the recordings will be retained permanently. He asked whether the recordings prior to 2012 still exist or were destroyed and commented on the posting of agendas for Planning Commission meetings on the City's website, noting that with the current system, the availability is inconsistent. He suggested having a separate copy of agenda topics accessible on the web -site. Additionally, he asked regarding the Commission's voting procedure when there is less than the entire Commission and how many votes it takes to pass a resolution. He suggested listing the minimum requirements for passing a resolution in the Commission's rules of procedures. City Attorney Leonie Mulvihill clarified that resolutions may be passed by a majority vote of those present and is included in the Planning Commission's By -Laws. Vice Chair Tucker closed the Public Comments portion of the meeting. REQUEST FOR CONTINUANCES - None CONSENT ITEMS ITEM NO. 1 MINUTES A. STUDY SESSION MEETING MINUTES OF MAY 8, 2014 B. REGULAR MEETING MINUTES OF MAY 8, 2014 Vice Chair Tucker reported that changes were suggested to the Study Session and Regular Meeting minutes of the May 8, 2014, by himself, Secretary Kramer, Chair Hillgren, and Mr. Mosher. Motion made by Vice Chair Tucker and seconded by Commissioner Lawler and carried (5 — 1 - 1) to approve the minutes of May 8, 2014, as corrected. AYES: Brown, Kramer, Lawler, Myers, and Tucker NOES: None ABSTENTIONS: Ameri ABSENT: Hillgren Page 1 of 4 VII NEWPORT BEACH PLANNING COMMISSION MINUTES 5/22/14 ITEM NO. 2 MEMO TO THE CITY COUNCIL REGARDING VEHICLE LIFTS Vice Chair Tucker commented on the aforementioned matter including preparing a memorandum to City Council bringing the issue to their attention. Commissioner Myers commented positively on the memorandum noting that it expresses the Planning Commission's concerns with what could become a contentious issue. Vice Chair Tucker opened public comments. Seeing no one wishing to speak, Vice Chair Tucker closed public comments for this item. Motion made by Vice Chair Tucker and seconded by Commissioner Brown and carried (6 — 1) to authorize transmittal of the memorandum to City Council. AYES: Ameri, Brown, Kramer, Lawler, Myers, and Tucker NOES: None ABSTENTIONS: None ABSENT: Hillgren PUBLIC HEARING ITEMS ITEM NO. 3 PETERS RESIDENCE VARIANCE (PA2014 -036) Site Location: 3000 Breakers Drive Deputy Community Development Director Brenda Wisneski provided details of the report addressing a description of the project, location, modifications related to setbacks and buildable area, reduced interior dimension of garage space and changes to the third -floor area. She reported that the property is on an irregular - shaped lot and addressed existing conditions, background, prior setback modifications, details of the proposal, floor plans, and Code requirements related to the third floor, elevations, architectural design, other variances issued in the area and recommendations. Vice Chair Tucker opened the Public Hearing. Seeing no one wishing to speak, Vice Chair Tucker closed the Public Hearing. Secretary Kramer commented on the application adding that staff has done a good job on the matter. Vice Chair Tucker noted a typographical error needing correction. Motion made by Secretary Kramer and seconded by Commissioner Myers and carried (6 — 1) to adopt a resolution approving Variance No. VA2014 -003 (PA2014 -036). AYES: Amen, Brown, Kramer, Lawler, Myers, and Tucker NOES: None ABSTENTIONS: None ABSENT: Hillgren ITEM NO. 4 PARK AVENUE CAFE (PA2014 -047) Site Location: 501 Park Avenue Deputy Community Development Director Wisneski presented details of the report addressing location, surrounding properties, specifics of the request, background, prior approval of a use permit, parking spaces on site and other uses located on the property. She reported on the expansion of the restaurant since 1977, changes in the operation in 2013, and details of the new proposal. She provided a comparison of how the building has been used over time and addressed parking requirements, use compatibility, changes to the hours of operation, compatibility with uses in the surrounding area, encouraging employees to park within the municipal lot in the Peninsula and related Conditions of Approval and recommendations. Page 2 of 4 1911 NEWPORT BEACH PLANNING COMMISSION MINUTES 5/22/14 In response to Commissioner Myers's inquiry regarding the net public area of the restaurant excluded from parking requirements calculations, Ms. Wisneski reported the basis of the calculation and stated that the proposed coffee take -out use should not be included in same. Vice Chair Tucker opened the Public Hearing. Tony Finaldi, STK Architects, affirmed reading the Conditions of Approval and indicated they are acceptable. Jim Mosher commented on Condition of Approval No. 11, stating that the City's annual parking permits are designed so people cannot pass them from one person to another and won ed regarding parking permits for employees. Vice Chair Tucker closed the Public Hearing. Ms. Wisneski explained the parking permit process noting that in cases where employees are concerned, there is the benefit of transferring permits with a $10 service charge. Vice Chair Tucker suggested a minor change to language in the resolution. Secretary Kramer noted this project will enhance the local community in Balboa Island. Vice Chair Tucker affirmed that the motion includes a 7:00 a.m. opening time. Commissioner Ameri commented on the need for parking in the area and asked regarding plans for creating additional parking (i.e., a parking structure). Ms. Wisneski reported that there are no plans for a parking structure on the Island but there is a parking structure being considered as part of the ExplorOcean project. Motion made by Vice Chair Tucker and seconded by Secretary Kramer and carried (6 — 1) to adopt a resolution approving Conditional Use Permit No. UP2014 -009 subject to the conditions of approval provided in the draft resolution. AYES: Ameri, Brown, Kramer, Lawler, Myers, and Tucker NOES: None ABSTENTIONS: None ABSENT: Hillgren STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION - None ITEM NO. 6 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan /Local Coastal Program Implementation Committee Deputy Director of Community Development Wisneski reported that the General Plan /Local Coastal Program Implementation Committee is meeting next Wednesday and noted items to be discussed. Additionally, she provided updates on City Council items going forward including the appeal of the Commission's action on Echo Beach adding that it will be considered by Council on June 10, 2014. The Riverside Land Use amendment was continued and is expected to be continued once again at Council's upcoming meeting because the applicant would like to prepare for a presentation regarding development concepts for consideration. The issue may return to the Planning Commission if the project changes substantially. She presented an update on the Nasal Restaurant noting that it was appealed and will be presented to Council in the near future. Vice Chair Tucker suggested including an item on future agendas for "City Council Follow -up ". Page 3 of 4 NEWPORT BEACH PLANNING COMMISSION MINUTES 5/22/14 In response to Commissioner Brown's inquiry regarding the project which included parking lifts, Ms. Wisneski reported that the case was not appealed. Assistant City Attorney Mulvihill reported there was a lawsuit filed regarding the Back Bay which resulted in a motion to dismiss by the petitioners. ITEM NO.7 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT Ms. Wisneski addressed the tentative meeting agenda and reported that another study session is scheduled for the meeting of June 5, 2014, which will start at 4:30 p.m. Secretary Kramer expressed concerns that there will not be enough time to consider all matters on the agenda. Vice Chair Tucker expressed concerns with the July 3, 2014, meeting in terms of having all members of the Commission present. Secretary Kramer stated he will not be able to attend that meeting and requested delaying the entire agenda for the July 3, 2014, meeting until the meeting of July 17, 2014. Ms. Wisneski commented on the possibility of cancelling the July 3, 2014, Planning Commission meeting and reported that agenda packets will be delivered in bags instead of paper envelopes going forward. ITEM NO.8 REQUESTS FOR EXCUSED ABSENCES Commissioners Kramer, Lawler, and Myers and Vice Chair Tucker indicated they cannot attend the Planning Commission meeting of July 3, 2014. IX. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 7:27 p.m. The agenda for the Regular Meeting was posted on May 2, 2014, at 2:00 p.m., in the binder and on the City Hall Electronic Bulletin Board located in the entrance of the Council Chambers at 100 Civic Center Drive. Bradley Hillgren, Chair Kory Kramer, Secretary Page 4 of 4 Correspondence Item No. 1.03a Draft Minutes 05/22/14 June 5, 2014 June 5, 2014, Planning Commission Agenda Comments Comments on Newport Beach Planning Commission regular meeting agenda item by: Jim Mosher ( iimmosher(o),vahoo.com ), 2210 Private Road, Newport Beach 92660 (949- 548 - 6229). Item No. 1B. REGULAR MEETING MINUTES OF MAY 22, 2014 Changes to the draft minutes passages shown in italics are suggested in sty.., t underline format. 1. Page 1, paragraph 1: "The meeting was called to order at 6:30 p.m." [According to the draft minutes, the Study Session ended at 6:25. My recollection is this caused a slight delay in the start of the Regular Meeting, which I believe happened as Commissioner Ameri was arriving at about 6:35.] 2. Page 3, paragraph 6: "Ms. Wisneski explained the parking permit process noting that in cases where employees are concerned, there is the benefit ^ a process for transferring permits with a $10 service charge." 3. Page 4, paragraph 2: "Assistant City Attorney Mulvihill reported there was a lawsuit filed regarding the Back Bay approvals which resulted in a motion to dismiss by the petitioners." [The draft minutes reflect what was said, however it might help to clarify that the reference is to the Back Bay Landing approvals. It might also help to delete by the petitioners since I suspect the motion to dismiss was brought not by the petitioners, but by those opposing the petitioners.] 4. Page 4, last paragraph: "The agenda for the Regular Meeting was posted on May 2, 2014, at 2:00 p.m., in the binder and on the City Hall Electronic Bulletin Board located in the entrance of the Council Chambers at 100 Civic Center Drive." [Should the minutes perhaps indicate when the agenda was posted on the City website ?]