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HomeMy WebLinkAbout02/19/2015 - Planning Commission i CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers—'100 Civic Center Drive Thursday, February 19, 2015 REGULAR MEETING 6:30 p.m. I. CALL TO ORDER-The meeting was called to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE—Chair Tucker Ill. ROLL CALL PRESENT: Brown, Hillgren, Koetting, Kramer, Lawler, Myers and Tucker Staff Present: Brenda Wisneski, Deputy Community Development Director; Michael Torres, Assistant City Attorney; Tony Brine, City Traffic Engineer; Fern Nueno, Associate Planner; Gregg Ramirez, Senior Planner; Jason Van Patten; Planning Technician; Jennifer Biddle, Administrative Support Specialist IV. PUBLIC COMMENTS Chair Tucker invited those interested in addressing the Planning Commission on items not on the agenda, to do so at this time. Jim Mosher spoke regarding the California Court of Appeals decision regarding Woody's Wharf. He opined that the Planning Commission and City Council should stay out of the process of initiating appeals and suggested ways in which that can be achieved. Seeing no others wishing to address the Planning Commission, Chair Tucker closed Public Comments. V. REQUEST FOR CONTINUANCES - None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF JANUARY 22, 2015 Recommended Action: Approve and file Chair Tucker noted that written corrections to the minutes of January 22, 2015, were submitted by Mr. Jim Mosher. Commissioner Hillgren indicated that the minutes for January 22, 2015, did not seem to be as detailed as prior minutes. Chair Tucker responded that there has been variability in the past and suggested letting staff address the matter. Chair Tucker opened public comments. Seeing no one wishing to provide comment, Chair Tucker closed public comments. Motion made by Chair Tucker and seconded by Commissioner Hillgren to approve the Planning Commission meeting minutes of January 22, 2015, as corrected. AYES: Hillgren, Koetting, Kramer, Myers and Tucker NOES: None ABSTENTIONS: Brown and Lawler ABSENT: None Page 1 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/19/15 VII. PUBLIC HEARING ITEMS ITEM NO. 2 BIRCH MEDICAL OFFICES (PA2012-121) 20352- 20412 Birch Street Associate Planner Fern Nueno provided a PowerPoint presentation addressing location, existing conditions, surrounding properties and land uses, demolition of nonconforming residential structures, prior approvals by the Planning Commission, project elements and required entitlements, CEQA compliance, revised site plan, parking, landscaping, setbacks, drive aisles, drop-off/pick-up center, courtyard, amenities, trash enclosures, back-up generators, architectural design, materials and colors and commented on brief corrections to the staff report. Associate Planner Nueno summarized the traffic study, addendum to the Mitigated Negative Declaration (MND) previously adopted, line-of-sight study performed by the applicant and the project's compliance, compliance with required development standards and other City requirements and recommendations. Chair Tucker confirmed with staff the Planning Commission's required considerations and actions regarding this project. Commissioner Hillgren reported that the applicant used to work with him many years ago, but, that will have no impact on his evaluation. Commissioner Koetting asked regarding the availability of a final landscape plan, a lighting plan for the parking lot and whether staff reviewed the changes to the site plan. Associate Planner Nueno reported that a standard condition requires conformance with the approved plan, which will be verified at plan check. While the plan does not show the lighting, there are standards within the Santa Ana Heights Specific Plan and conditions of approval regarding lighting that must be complied with and will be verified at plan check. Commissioner Brown compared the original parking requirements with the present parking requirements and Associate Planner Nueno noted a slight change to allow for the planter islands. It was noted that they added handicapped stalls in the front. Chair Tucker requested clarification of Condition No. 13 and Associate Planner Nueno explained it relates to a Building Code requirement to review energy compliance with HVAC systems and other operating systems to ensure that it is built and operated in accordance with the plans. Chair Tucker asked for clarification of Condition No. 21 and Associate Planner Nueno stated that the plan has been reviewed by the City Traffic Engineer. Regarding the Parcel Map, Chair Tucker asked about the proposed ownership of Parcel A (the parking lot and landscaping). Associate Planner Nueno noted that the Parcel Map will include sale of tenant suites as condominiums and Parcel A would be a common lot owned by all of the owners. In terms of CC&Rs or other reciprocal agreements, Associate Planner Nueno stated the City does not typically require them and that they would be private agreements among the owners. Chair Tucker asked to add a condition requiring CC&R's so the City understands who will own and maintain the parking and common area and that the City Attorney's office approve of the CC&R's prior to certificate of occupancies. Commissioner Brown referenced Condition No. 30 and 31 and asked regarding possible stipulations on medical waste. Associate Planner Nueno stated that the City does not get involved in that. However, the City would not allow any hazardous waste. Commissioner Koetting asked regarding whether a sign program Is being prepared. Associate Planner Nueno indicated the applicant has not prepared any sign plan at this time. She added that they plan on having one wall sign on each building and a monument sign and that the Sign Code would allow that. Staff will look at the Santa Ana Heights Design Guidelines and the Sign Code to make sure there is no proliferation of signs. Chair Tucker invited the applicant to address the Planning Commission. Page 2 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/19115 Jason Krotts, applicant, expressed support of staff's recommendations and commented on the revised layout improving the project. He offered to respond to questions from the Planning Commission. Commissioner Koetting asked regarding a grading plan and Mr. Krotts stated that a preliminary grading plan was provided as part of the package submitted to the City. He addressed balancing the site, exporting soil and retaining walls. Chair Tucker opened the Public Hearing. Jim Mosher spoke regarding issues with the original application in terms of the planter islands, parking, and the location of trash enclosures and the ownership of the corner property. He asked whether the issues have been addressed. Patricia Blaknee asked regarding ownership of the properties. Holly Jarvis, adjacent property owner, asked regarding the landscape plan and location of the planter islands. She added that trees in the back of the property are supposed to be fifteen feet on center and asked whether that is part of the plan. She noted that she has trees that are along the property line and hoped that she will be given consideration. Roger Summers stated that he is one of the property owners and that the other property owner, Richard Moriarty is present. He reported that they have both made agreements with the developer and are in favor of the plan, as presented. Chair Tucker closed the Public Hearing. Associate Planner Nueno stated that staff reviewed title and that ownership of the corner property is under review by Public Works for abandonment of the right-of-way/vacation or sale of the property and that it will become part of this project site. She added that there are three property owners and all have entered into agreements as to the sale of the property, pending Planning Commission approval. She addressed the landscape plan and location of planter islands, reported that trees in the back of the property will be fifteen feet on center and addressed the mitigation measures regarding hiring a certified arborist and working with the property owner relative to placement of the site property walls. Chair Tucker confirmed that the landscaping is compliant with the requirements of the specific plan. Commissioner Koetting asked regarding the City's policy on solar. Associate Planner Nueno noted that they will have mechanical screened walls and that roof equipment will be screened from view. She added that Planning is preempted by state law for solar panels and they are not proposed at this time. Motion made by Commissioner Brown and seconded by Chair Tucker to adopt Resolution No. 1970, approving Minor Use Permit No. UP2014-032, Site Development Review No. SD2014-005, Traffic Study No. TS2014- 006, Tentative Parcel Map No. NP2014-017 and Addendum to the Mitigated Negative Declaration, subject to the conditions added as discussed above. Chair Tucker reiterated his request to add a condition requiring CC&Rs (including a reciprocal easement for parking and access) be completed by the time a Certificate of Occupancy is issued and will be subject to the approval of the City Attorney's office. Commissioner Brown agreed. Chair Tucker confirmed that the CC&R's will cover parking and maintenance of all parcels. He added a requirement that the landscape plans be in substantial conformance with the concept landscape plans. Commissioner Brown agreed. Commissioner Hillgren spoke regarding adding a condition for requiring a signage pian and Chair Tucker referenced the City's Sign Ordinance that must be complied with. Page 3 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 2119115 Chair Tucker added a condition requiring a Master Sign Program prior to issuance of a Certificate of Occupancy. Commissioner Brown agreed, Mr. Krotts declared acceptance with the proposed changes to the conditions. AYES: Brown, Hillgren, Koetting, Kramer, Lawler, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: None VIII. CONTINUED BUSINESS ITEM NO. 3 SESSIONS SANDWICHES ABC LICENSE(PA2014-153) 2823 Newport Boulevard Planning Technician Jason Van Patten provided a PowerPoint presentation addressing location, surrounding properties and land uses, existing conditions, current operations, hours of operation, specific application request, proposed reduction in operating hours, Planning Commission consideration criteria, findings, potential rise in Police-related activities, high concentration of ABC licenses in the area and recommendations. Commissioner Lawler commented on the proposed reduction in hours of operation and asked why this did not change the recommendation. Senior Planner Gregg Ramirez stated the hours are not the only consideration, but also the crime rate in the area and the high concentration of ABC licenses in the area. Chair Tucker referenced approval of the Sancho's Tacos application and asked how this application differs from that one. Deputy Community Development Director Brenda Wisneski reported that the hours of operation are the same but that the reason the recommendation differs from the Sancho's Tacos project is the proximity of larger, late hour alcohol-serving establishments. Commissioner Brown expressed concerns with the lack of parking and noted that by serving alcohol, people will stay longer and there will be increased demand for parking. He expressed concerns about the shared parking spaces as compared to designated parking spaces. He asked whether it is up to the owner to designate parking. Planning Technician Van Patten confirmed there are eleven, pooled parking spaces that are not designated. The parking rate is based on square footage of tenant spaces. Deputy Community Development Director Wisneski added that parking management is up to the property owner but that per the Use Permit, the Planning Commission could condition it to that effect. However, she reminded the Planning Commission that the application relates to the serving of alcohol. The Use Permit considering parking was previously approved. Secretary Myers asked regarding the hours of operation for the adjacent cleaners. It was noted that the information is not available at this time. Vice Chair Kramer asked whether Sessions is understood to be a restaurant and whether Starbucks is considered a restaurant. Planning Technician Van Patten stated they consider themselves as fast-casual dining and that Starbucks is not considered a restaurant. Vice Chair Kramer asked regarding the recent approval of a Starbucks serving beer and wine. Planning Technician Van Patten responded affirmatively and stated they are classified as food-serving establishments. Commissioner Hillgren referenced the findings for denial and noted that they are sparse. He asked whether a representative from the Police Department is available to respond to questions. Wendy Joe, Civilian Investigator, offered to respond to questions from the Commission. Page 4 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/99/15 Commissioner Hillgren asked whether, given the concentration of ABC licenses in the area, all other applications for alcohol-service in the area would be denied. Ms. Joe stated they would be considered on a case-by-case basis but at this point, adding ABC licenses to the already concentrated area, would be a problem. Commissioner Hillgren asked whether the majority of problems occur at bars as opposed to restaurants and Ms. Joe noted she can only speak to the specific reporting district. Commissioner Hillgren asked if a time log is kept indicating the time the majority of problems occur. Ms. Joe reported there is a time log of calls for service and stated that the problem is not from just 9:00 p.m. to 11:00 p.m. but that high-call volumes also occur during the weekends. Commissioner Hillgren assumed there are more problems post 10:00 p.m, as opposed to pre 10.00 p.m. Ms. Joe stated calls for service usually increase as the day progresses. Commissioner Hillgren asked whether a limit can be placed as to the amount of drinks someone can be served at a location. Ms. Joe stated the Police Department is not opposed to this particular business, but to adding one more ABC license to the area because of the oversaturation of them. Commissioner Hillgren noted differences between establishments that serve alcohol only and those that serve food and alcohol. Ms. Joe added that the Police Department has not received any complaints regarding Sessions, as a business. Vice Chair Kramer suggested the Police are taking, what can be perceived to be, a discriminatory, preemptive action for any future business, based on an oversaturation in the reporting district. Ms. Joe clarified that the Police Department does not have the resources, at this point, to continue to add ABC licenses to the district. Vice Chair Kramer asked what the Police Department is doing, besides recommending no more ABC licenses, to address the issue. Lieutenant Jay Short explained that the Department has had to reduce staffing and are has designated four areas with an Area Commander to address problems in partnership with the community. Additionally, the Department partners with bars, when it can. He reported that Ms. Joe has recently been working on existing alcohol problems in the City, among other duties. Part 1 crime has been reduced over the past five years but not Part 2 crime which includes DUI, public intoxication, etc. Those numbers are going up;the Department would be unable to provide the same level of service the City expects, as a standard. Therefore, at some point, the Department has to start saying, "No". He stressed that the area in which Sessions is located, is already over- impacted. He noted this is not a moratorium, going forward, that each case is considered individually. He reported that consideration was given to their proposed reduction in hours but that does not help weekends. Discussion followed regarding types of crimes being reduced and those increasing in the City. Chair Tucker asked Lt. Short if he was familiar with a more benign use by the holder of a beer and wine liquor license with a closing hour of 9:00 pm than a sandwich shop. Lt. Short was not able to answer that question. Chair Tucker also commented on it being highly unlikely that Sessions would be able to execute on what he referred to as the "Peninsula Playbook," where a restaurant morphs into a bar. Lt. Short commented on consistency noting that the Department does not have the luxury of always saying, "Yes",and that at some point, the area must be considered. He commented on uses surrounding Sancho's and stated he considers objectivity when considering individual cases. Chair Tucker invited the applicant to address the Planning Commission. Beckham Thomas,applicant, thanked staff and the Commission and deferred to his partner for a presentation. Matt Meddock, applicant, provided a PowerPoint presentation addressing their concept, opening of the restaurant, the median age of customers, comments from nearby residents, dealing with intoxicated people, proposed changes in hours of operation, contributions to the community, their mission statement, existing conditions, ADA compliant bathrooms and examples of recent press coverage. Mr. Thomas addressed patrons, sales, floor plan, seating, difficulty in turning the location into a bar setting, reference to Sancho's, incongruences in statements by the Police Department, parking and support by the cleaners next door. Max Schlutz, applicant, commented on the operation of Sessions and on his experience in the restaurant business. He addressed pairings with local breweries and offered to respond to questions. Chair Tucker opened the Public Hearing. Page 5 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/19/15 Fred Henicke, Retired Newport Beach Police Sergeant, spoke in support of the application. He stated it is a big stretch to assume that the crime rate will increase by allowing a sandwich shop to serve beer and wine. He added that the biggest problems with alcohol are late at night. Sean de la Pena spoke in support of Sessions'application. Joe Reiss asked that the Planning Commission deny Sessions' request as it is in an over-concentrated area of ABC licenses with an extremely high crime rate. He added there is no evidence of a public need for another alcohol-serving establishment in the area, there is no track record for this operator showing they need alcohol sales to be a success. He suggested the operator should return in one year and allow the community to evaluate how he operates his food business and how successful he is. He expressed concerns that it will have a negative impact on nearby residents and commented on the beginning of a domino effect; first with Sancho's, now with Sessions and wondered about what's next. He urged the Planning Commission to listen to the Police Department and the Planning Department and take its time. George Schroeder stated he believes the Planning Commission should rely on the information provided by the Police Department. He addressed high crime rates in the district and suggested that anyone wanting to consume beer and wine should go to an existing alcohol-serving establishment. Robert Schacht commented on the success of Sessions and in support of their application. Selina Schacht commented on the success of Session'and in support of their application. Brian Park compared Sancho's with Sessions and spoke in opposition to Sessions application. He addressed parking, high crimes in the area and allowing for time for Sessions to establish a good reputation as a restaurant. Chris Martin spoke in support of Sessions application. Craig Batley, minority owner in the property, spoke in support of Sessions application. He stated the contribution of the benign sandwich shop to the crime statistics is laughable. He commented on the impact of large alcohol- serving establishments on crime and felt that consistency should be applied and that this is a matter of fairness. In response to Commissioner Brown's question regarding potential problems with parking, Mr. Batley explained there is a lot of street parking and that he has had no complaints from the adjacent cleaners. He did not believe that parking will be negatively impacted. Chair Tucker closed the Public Hearing. Chair Tucker invited the applicant to respond to questions. In response to Commissioner Hillgren's questions, Mr. Beckham stated he would accept the following additional conditions for restricting alcohol sales: 1) On-site consumption only—no alcohol sold for take out 2) No alcohol service outside premises 3) A ratio of alcohol-to-total food sales of not to exceed 30% 4) Maximum of 2 alcoholic beverages sold to any single customer 5) Review of Sessions operation by the Planning Department in 12 months Commissioner Hillgren asked if all persons selling and serving alcohol will be 21 years of age or older and be subject to training. Mr. Beckham stated that he employs a 19 year old and stated he believes it is legal for an 18 year old to serve alcohol. Commissioner Hillgren reported that Sancho's was limited to a maximum service of alcohol and Mr. Beckham agreed with serving a maximum of two beers/wine glasses per patron. Chair Tucker asked if the applicant would agree to only sell alcohol with food and Mr. Beckham responded affirmatively. Page 6 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/19/15 In response to Chair Tucker's question whether outdoor sales are allowed at the premises, Deputy Community Development Director Wisneski reported it is not. Chair Tucker confirmed with the applicant that it would be acceptable that the hours of operation could only be between 6:00 a.m. to 9:00 p.m, He added that 9:00 p.m. is a key factor in considering the application and that the Commission would not consider approving liquor sales at all if the closing hours were later than 9:00 pm. Discussion followed regarding the process in case of an overlay district was created for the area. Mr. Beckham confirmed there will be no change to the floor plan from when Sessions opened and added that the second floor is used for storage and no patrons are allowed there. Commissioner Koetting stated he believed that the liquor license ran with the owner of the license; not with the property. Chair Tucker responded that the license is separate from the ability to serve alcohol as a land use matter within the control of the City. Commissioner Koetting expressed concerns regarding potential shortage of parking. He asked regarding the status of Sancho's ABC license and Planning Technician Van Patten stated that it is pending. Vice Chair Kramer stated he is in favor of granting the license and can make the findings in support of same. He disagreed with limiting the number of drinks per patron and stated it would be inappropriate to create anything in addition to what was required for Sancho's. He believed that the conditions of approval are sufficient but would be willing to add components as suggested by Chair Tucker. Chair Tucker commented on Conditions No. 41, 42 and 43 as acceptable as they are. Regarding Condition No. 44, he stated he would prefer stating that no happy hour promotions shall be allowed. He commented on quarterly gross sales noting that the applicant accepted 30% in alcohol sales. He noted that persons selling alcohol shall be at least 21 years of age. He favored Condition No. 51, and commented on the per-person drink limitation, no alcohol take-out, the service of alcohol inside the premises and a twelve-month review. Secretary Myers stated the conditions should limit to no sales of pitchers and not the fact that they dispense a glass from a keg. Vice Chair Kramer agreed and recommended deleting the language of"kegs"in Condition No. 51. Chair Tucker confirmed that the Commission was in agreement with the conditions as discussed above. Mr. Beckham stressed that in California, an 18 year old can serve beer and wine in a restaurant. Ms, Wisneski noted that the state dictates the age and suggested the related condition focus on the training required rather than the age. The Commission agreed. Regarding limiting the number of drinks per person, Commissioner Hillgren felt that it should be required. Commissioner Brown agreed with Commissioner Hillgren, Assistant City Attorney Torres noted that staff would not be able to enforce that condition. A straw vote of the Commission resulted in the majority of Members agreeing to not limit the number of drinks per person. Chair Tucker suggested changes in Condition No. 8, 11 and 12. Mr. Beckham inquired and was provided with information on the twelve-month review process. He expressed agreement with the suggested changes to the conditions. Assistant City Attorney Torres suggested the appropriate motion and stated that staff will return with a resolution, with the appropriate findings. Page 7 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/19/15 Ms. Wisneski noted the need to ensure that the applicant accepts continuance, recognizing that they are waiving their rights under the Permit Streamlining Act. Mr. Beckham confirmed acceptance and waived their rights under the Permit Streamlining Act. Commissioner Hillgren expressed support for this particular applicant but since the permit runs with the property and not the operator he does not support the motion because no limitation was set as to the number of drinks per patron. He wished the applicants well. Motion made by Vice Chair Kramer and seconded by Commissioner Lawler to recommend approval of this matter,with the conditions as amended, above. AYES: Brown, Koetting, Kramer, Lawler, Myers and Tucker NOES: Hillgren ABSTENTIONS: None ABSENT: None IX. STAFF AND COMMISSIONER ITEMS ITEM NO.4 MOTION FOR RECONSIDERATION -None ITEM NO. 5 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee Ms. Wisneski commented on the series of public meetings regarding this matter and noted that it will be presented, in a study session, to the Planning Commission, in March. 2. Update on City Council Items Ms. Wisneski provided an update on Planning Commission related items considered by City Council, ITEM NO. 6 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT -None ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES - None X. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 8:57 p.m, to the Planning Commission meeting of March 5, 2015. The agenda for the Planning Commission meeting was posted on Friday, February 13, 2015, at 1:05 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive and on the City's website on Friday, February 13, 2015, at 1:16 p.m. -�—D1 Larry Tucker, Chair Jay yer , ecr Lary Page 8 of 8