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HomeMy WebLinkAbout05/21/2015 - Planning Commission CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers— 100 Civic Center Drive Thursday, May 21, 2015 REGULAR MEETING 6:30 p.m. I. CALL TO ORDER-The meeting was called to order at 6:30 p.m. I1. PLEDGE OF ALLEGIANCE—Chair Tucker III. ROLL CALL PRESENT: Brown, Hillgren, Koetting, Kramer, Lawler, Myers and Tucker ABSENT: None Staff Present: Brenda Wisneski, Deputy Community Development Director; Michael Torres, Assistant City Attorney; Tony Brine, City Traffic Engineer; Gregg Ramirez, Senior Planner; Makana Nova, Associate Planner; 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. Seeing none, Chair Tucker closed public comments. V. REQUEST FOR CONTINUANCES Deputy Community Development Director Brenda Wisneski presented requests for continuance including Item No. 4 noting that staff asks that it be tabled and if the matter will be presented to the Commission in the future, it will be re-noticed. The issue is currently being reviewed by the City Attorney's office. Regarding Item No. 5, she reported that staff can provide a brief staff report but requested that it be continued to a date, uncertain. VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF APRIL 23,2015 Chair Tucker noted receipt of written suggested changes by Mr. Jim Mosher. Chair Tucker opened public comments. Seeing none, Chair Tucker closed public comments. Motion made by Chair Tucker and seconded by Commissioner Brown to approve the Planning Commission meeting minutes of April 23, 2015, as corrected. AYES: Brown, Hillgren, Kramer, Lawler and Tucker NOES: None ABSTENTIONS: Koetting and Myers ABSENT: None VII. PUBLIC HEARING ITEMS ITEM NO.2 1617 WESTCLIFF DRIVE USE PERMIT(PA2015-078) 1617 Westcliff Drive Deputy Community Development Director Wisneski provided a PowerPoint presentation addressing background, prior approval by the Planning Commission, the applicant's request for a plan modification, details of the approved concept, and details of the suggested changes, including inclusion of a full-service bar, square Page 1 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 5/21/15 footage, parking management plan update, amendment to the concept, concerns regarding the proposed outdoor bar regarding noise, She summarized staff recommendation to approve the amendment provided the outdoor bar is removed. Commissioner Lawler inquired about the prior waiver of the number of parking spaces and Deputy Community Development Director Wisneski explained that the amendment is consistent with the prior parking demand analysis. Commissioner Hillgren asked about the negative square footage. City Traffic Engineer Tony Brine explained it appears to be a calculation of the parking ratio with a reduced medical office of 4,000 square feet therefore, showing a negative parking demand. He added that different uses have different parking requirements throughout the day. In response to Commissioner Hillgren's inquiry, Deputy Community Development Director Wisneski reported that the previous use permits have been rescinded so that currently only the one from December is valid. She addressed Conditions of Approval and noted that those included in the permit are typically those required by the Police Department. She explained that alcohol may only be served in conjunction with food. In response to Commissioner Koetting's request relative to Condition No. 45, Deputy Community Development Director Wisneski explained that happy hour discounts for alcoholic beverages is prohibited. She addressed square footage versus seating and the existing pedestrian easement. Chair Tucker inquired regarding Conditions 13 and 51, noting that they are the same and that one should be deleted. He inquired about the pre-recorded music and suggested changing the language to indicate"inside the tenant space". Per Chair Tucker's comments, Deputy Community Development Director Wisneski proposed deleting Condition No. 44. Chair Tucker opened the public hearing. Steve Thorpe, Bernard-Ward Properties, representing the applicant, addressed the outdoor bar area and reported the applicant's preference would be to serve alcoholic beverages, without food, and requested deleting that condition. Commissioner Koetting noted they would be allowed to serve any kind of alcohol. Mr. Thorpe stated that the applicant has agreed to all of the Conditions of Approval. In response to Commissioner Brown's inquiry regarding the outside bar, Deputy Community Development Director Wisneski stated she emailed documents to the applicant but did not receive a response. Ms. Wisneski added that the staff report provides an alternative if the Commission would like to consider the outside bar. She addressed potential ways of mitigating noise including a Plexiglas fence In the area. She added that the primary concern is noise and potential obstruction of the walkway. Discussion followed regarding use of the existing easement, the possibility of allowing the outdoor bar on a trial basis and re-evaluating it after a year. Chair Tucker closed the public hearing. Motion made by Commissioner Hillgren and seconded by Vice Chair Kramer to adopt Resolution No.1982 approving Conditional Use Permit No. UP2015-019 with the following modifications. Eliminate Condition No. 2 requiring removal of the outdoor bar, and replace with a condition that the matter will be reviewed within one year, related to noise. Modify Condition No. 15 that pre-recorded music may be played inside the tenant space and eliminate Condition No's 44, 45, 51 and 52. Substitute Motion made by Chair Tucker to adopt Resolution No. 1982, approving Conditional Use Permit No. UP2015-019 with the following modifications. Eliminate Condition No. 2, and replace with a condition Page 2 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 5/21115 that the matter will be reviewed within one year, related to noise, and modify Condition No. 15 that pre- recorded music may be played inside the tenant space and eliminate Condition No. 44 and 51. The substitute motion died for lack of a second. Chair Tucker indicated that he favored the application but would be voting against the motion as he saw no justification to remove Condition No. 45(prohibiting Happy Hour promotions) and Condition No. 52 (requiring alcohol be sold with food). Discussion followed regarding the benefits of the outdoor bar, reviewing the matter in one year and challenges with moving the bar inside. Deputy Community Development Director Wisneski suggested adding to the motion, allowing minor modifications that might be needed for the findings, to eliminate removal of the bar. Commissioner Hillgren and Vice Chair Kramer agreed. The motion carried as follows: AYES: Brown, Hillgren, Kramer, Lawler and Myers NOES: Koetting and Tucker ABSTENTIONS: None ABSENT: None ITEM NO. 3 THE RITZ CONDITIONAL USE PERMIT(PA2015-033) 2801 West Coast Highway Associate Planner, Makana Nova, presented a PowerPoint presentation addressing the request, background, prior approvals by staff, location, details of the specific requests, existing outdoor dining patio, review of the request by staff and the Police Department, live entertainment, seating plan, patio area, retractable awning and the proposed umbrellas. She addressed the applicant's reduction in the size of the requested awning, elevations, encouraging careful design of improvements in the view corridor, maintaining existing views between buildings, necessary updates to the operator's license, building permit revisions, and the final action date. Commissioner Hillgren noted that the awnings will be retracted outside of business hours and inquired about the patio operating hours. Discussion followed regarding the request to add day-time patio hours on Saturdays, parking, the size of the approved retractable awning, location of posts,floor plan, reconfiguration of some of the floor area, protecting the official view corridor, and the quality difference between the umbrellas and retractable awning. Chair Tucker invited the applicant to address the Planning Commission. Michael Weinstock, representing the applicant, addressed design objectives of the umbrellas versus awnings. Discussion followed regarding Mr.Weinstock's preferences relative to the posts and patio covers. Chair Tucker opened the public hearing. Jim Mosher wondered if the applicant will need to apply for a Coastal Development Permit (CDP) and whether the proposed plans are consistent with CDP requirements. Chair Tucker closed the public hearing. Associate Planner Nova stated she found no copies of a prior CDP for the original construction of the building in the file. She added there was a condition in the original use permit requiring Coastal Commission approval relative to construction of the building and restaurant. Page 3 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 5/21/15 Commissioner Lawler addressed the pros and cons of the awning and umbrellas and in response to his inquiry regarding the importance of the additional three-feet, Associate Planner Makana Nova reported that there was a concern because of the Condition of Approval intended to maintain the view between the buildings. Discussion followed regarding the dimensions of the proposed umbrellas, views, and the posts. Commissioner Koetting expressed concerns with the proposed colors of the patio cover. Commissioner Brown asked whether consideration was given to the portion of the view that was gained when the stairs were removed. Associate Planner Makana Nova noted that not much was gained. Chair Tucker noted that the view was "slid over" and added that the proposed plan makes the area "more" publicly available; especially with the new walkway location. Motion made by Commissioner Hillgren and seconded by Commissioner Koetting to adopt Resolution No. 1983, approving Conditional Use Permit No. UP2015-008 to allow extended outdoor dining hours on Saturdays, live entertainment inside the establishment, and approving the request for a retractable awning structure on the outdoor dining patio with posts three (3)feet from the footprint of the existing building. Chair Tucker commented on the Conditions relative to a disclosure statement regarding the John Wayne Airport and Associate Planner Nova explained this was one of the original conditions that was carried over. Regarding Condition No. 14, Chair Tucker suggested revising the language to clarify that landscaping will be reviewed by the Planning Division. Regarding Conditions No. 8 and 9, Associate Planner Nova reported that all of the easements-are in place and identified their location. She requested removing Condition No. 19, relative to required street improvements, as it is no longer applicable. Commissioner Hillgren agreed with language "the awning shall be retracted outside of business hours" and "support structures for the retractable awning shall not extend beyond the existing building line, more than three (3)feet". Regarding Condition No. 44, Commissioner Hillgren agreed with "shall be limited to the use of umbrellas or retractable awnings" and suggested that the minimum vertical clearance be ten(10)feet. The maker and seconder of the motion, agreed to the suggested changes. Deputy Community Development Director Wisneski reported that staff will modify the findings to reflect the specification for the relocation of the awning. The Conditions will be reviewed to ensure they comply with the Commission's intent. Mr.Weinstock expressed agreement with the Conditions of Approval and the proposed changes. Vice Chair Kramer inquired about the live entertainment, the requirement to keep windows closed during same, and whether an acoustical study had been prepared. Associate Planner Nova reported that an acoustical study had not been prepared and noted that there are sensitive residential land uses located across the harbor.Thus, staff recommends limiting live entertainment to the interior areas of the restaurant. The applicant reported they were satisfied with the conditions for live entertainment inside the restaurant as proposed. The motion carried as follows: AYES: Brown, Hillgren, Koetting, Kramer, Lawler, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: None ITEM NO.4 ZONING CODE AMENDMENT FOR REAL ESTATE SIGNS(PA2015-078) Citywide This matter was tabled per staffs request under"Requests for Continuance". Page 4 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 5121115 VIII. CURRENT BUSINESS ITEM NO. 5 GENERAL PLAN LAND USE ELEMENT CORRECTION—NEWPORT COAST(PA2006-159) Citywide Deputy Community Development Director Wisneski provided a brief staff report addressing staff's discovery of an error in the Land Use Element, specifically related to Anomaly No. 60. She addressed background, coordination efforts with SPON, engaging the County of Orange to ensure they concur with staff's conclusions and the request to continue the matter to a date, uncertain. In response to Chair Tucker's inquiry, Deputy Community Development Director Wisneski reported that City Staff would like to verify with the County the amount of square footage associated with the number of hotel rooms currently located in Anomaly No. 60. Chair Tucker addressed square footages associated with various areas. He noted that the rights to the entitlements are administered by the County of Orange. Deputy Community Development Director Wisneski addressed the County's responsibilities and the City's responsibilities and obligations. In response to Commissioner Koetting's inquiry, Deputy Community Development Director Wisneski explained that the Local Coastal Program identifies 2,150 hotel units in the area. She added the remaining development capacity is 1,001 hotel rooms. Chair Tucker opened public comments. Jim Mosher thanked staff for explaining the details of the matter to several members of the public. He agreed with the recommendation to continue the item. He hoped that when the matter returns to the Planning Commission, it will return in a different form than what was presented at this time. He addressed consistency with the County's plan. Chair Tucker closed public comments. Chair Tucker reported receiving emails and noted he does not see this as an attempt to approve development that was rejected by the voters. He added it has nothing to do with Measure Y and believes that the Planning Commission is the right place to resolve corrections and stated that more time is necessary to understand the matter before reaching a conclusion. Motion made by Chair Tucker and seconded by Commissioner Brown to continue the aforementioned item to a date, uncertain. AYES: Brown, Hillgren, Koetting, Kramer, Lawler, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: None ITEM NO. 6 CAPITAL IMPROVEMENT PROGRAM OVERVIEW Citywide City Traffic Engineer Tony Brine provided a PowerPoint presentation addressing a summary of the 2015/2016 CIP program including the various categories and related projects within each. He highlighted specific projects under facilities/buildings, Park Avenue Bridge on Little Balboa Island, other street improvements, replacement of landscaping with synthetic turf, the Big Canyon Rehabilitation Project, the Newport Boulevard water main replacement, East Coast Highway traffic signal rehabilitation, 15th Street Balboa reconstruction and rebuilding the medians on Balboa Boulevard. Page 5of6 NEWPORT BEACH PLANNING COMMISSION MINUTES 5121115 In reply to Commissioner Koetting's inquiry, City Traffic Engineer Brine provided a brief update of the Corona del Mar Entry project. Discussion followed regarding "re-budgeted" projects, funding and contributions to the Capital Improvement Program. Chair Tucker noted that Council is scheduled to approve the CIP budget at its next meeting. Chair Tucker opened public comments. Jim Mosher commented on the Planning Commission's previous power and duties to make recommendations to Council about the City's public works projects. He addressed a California Government Code requirement of an annual finding of consistency of all public works projects with the General Plan. Chair Tucker closed public comments. IX. STAFF AND COMMISSIONER ITEMS ITEM NO.7 MOTION FOR RECONSIDERATION - None ITEM NO. 8 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program implementation Committee Deputy Community Development Director Wisneski reported that City staff continues to meet with Coastal Commission staff to fine-tune the draft document. 2. Update on City Council Items Deputy Community Development Director Wisneski provided an update of Planning Commission related items considered and acted upon by City Council during recent meetings. Deputy Community Development Director Wisneski addressed the Commission's tentative agenda and requested canceling the June 4th meeting of the Planning Commission. It was so ordered without objection. ITEM NO. 9 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT-None ITEM NO. 10 REQUESTS FOR EXCUSED ABSENCES Commissioners Koetting and Hillgren requested excused absences for the Planning Commission meeting of June 18, 2015. X. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 8:19 p.m. to the Planning Commission meeting of June 18, 2015. The agenda for the Planning Commission meeting was posted on Friday, May 15, 2015, at 2:45 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, Ma 15, 2015, at 3:05 p.m. Larry.Tucke , Ch it Jay ers, a etary Jay Page 6 of 6