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HomeMy WebLinkAbout1.0 - Draft Minutes CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers— 100 Civic Center Drive Thursday, December 3, 2015 REGULAR MEETING 6:30 p.m. I. CALL TO ORDER- The meeting was called to order at 6:30 p.m. by Vice Chair Brown II. PLEDGE OF ALLEGIANCE—Commissioner Weigand III. ROLL CALL PRESENT: Brown, Hillgren, Koetting, Lawler, Weigand, Zak ABSENT: Kramer(Excused) Staff Present: Deputy Community Development Director Brenda Wisneski; Assistant City Attorney Michael Torres; Police Department Civilian Investigator Wendy Joe; City Traffic Engineer Tony Brine; Senior Planner Gregg Ramirez; Senior Code Enforcement Officer Cass! Palmer; Administrative Support Specialist Jennifer Biddle;Administrative Support Technician Traci Makinen IV. PUBLIC COMMENTS Jim Mosher commented on the status of the City's overall, non-conforming sign removal mandate and referenced his previously-submitted written comments. He referenced Item No. 2 and wondered about other non-conforming, heritage signs that continue to exist throughout the City. V. REQUEST FOR CONTINUANCES- None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF NOVEMBER 19, 2015 Recommended Action: Approve and file Vice Chair Brown noted that written revisions to the minutes were submitted by Mr. Jim Mosher. Motion made by Commissioner Weigand and seconded by Secretary Koetting to approve and file the Planning Commission meeting minutes of November 19, 2015, as amended. AYES: Brown, Hlllgren, Koetting,Weigand,Zak ABSTAIN: Lawler ABSENT: Kramer VII. PUBLIC HEARING ITEMS ITEM NO. 2 BALBOA VILLAGE HERITAGE SIGNS (PA2015-195) Site Location: 601 Balboa Boulevard and 706 E. Bay Avenue Deputy Community Development Director Brenda Wisneski provided a PowerPoint presentation noting that the property owner of the sign at 601 Balboa Boulevard requested removing that site from consideration at this time so therefore, consideration is of the rooftop sign at 706 E. Bay Avenue. She addressed background, application by the property owner to the existing grant program, criteria for designating a Heritage Sign, consistency with other signs in the area, findings and recommendations. In response to Commissioner Hlllgren's question regarding the thirty-five year threshold, Deputy Community Development Director Wisneski reported that the threshold is typically, fifty years, and was unsure regarding the thirty-five year criteria. She added that if the sign is not designated as a Heritage Sign, it is subject to removal by the year 2020. If it is designated as such, they would bring it up to the current requirement and it would be restored to its original state. Page 1 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/3/15 Brief discussion followed regarding the property at 601 Balboa Boulevard and the reason the property owner requested that it be removed from consideration. Secretary Koetting asked regarding the Balboa Bike sign and Deputy Community Development Director Wisneski reported that the property owner is planning on repainting it. She stated that when a sign is designated as a Heritage Sign, the property owner must maintain its historic nature/character. Additionally, the City would allow neon, if they were to bring it back. Vice Chair Brown noted there is a group that is working on the Master Plan for the area and asked whether the group supports keeping the subject sign. Deputy Community Development Director Wisneski responded affirmatively. She added that they did not review the specific sign, but that the concept of maintaining this kind of sign within the Village, is echoed in the documents they have reviewed. She added that staff initiated consideration of Heritage Signs at this time and there is no applicant. Vice Chair Brown opened the public hearing. Jim Mosher commented on the limited list of Heritage Signs as proposed for consideration by the Planning Commission in 2005. There were seven strong candidates and three runners up. Specific to this topic, the grant proposal is for removing two old signs and replacing them with two new signs. He commented on the Heritage Sign code as having limited capabilities to alter signs and believed that the actions would violate the original concept. Vice Chair Brown closed the public hearing. Deputy Community Development Director Wisneski reported that the scope, originally presented by the applicant, was for renovation of the sign. However, it is pending a building permit and staff will ensure that the approach they take is more restorative, prior to the issuance of a building permit, to comply with the Heritage Signs requirement. In response to Secretary Koetting's question, Deputy Community Development Director Wisneski stated they will preserve what they can. The end result is that it will have the appearance and preserve materials as best they can, to keep the historical look. Secretary Koetting expressed concerns that using new materials or technology for lighting will take away from the character of the sign. Deputy Community Development Director Wisneski stated that the question before the Commission at this time, is whether or not this sign style meets the intent of it being a Heritage Sign. She added that there are criteria and standards to ensure safety and general maintenance. In response to Commissioner Hillgren's question, Deputy Community Development Director Wisneski provided next steps if the Commission were to approve both signs at this time. If the property owners do not accept the Heritage Sign designation, they would be subject to the 2020 abatement. Commissioner Hillgren requested a presentation regarding the Heritage Sign program, at a future Planning Commission meeting. Secretary Koetting felt that a message should be sent to staff, that vinyl cut letter is not appropriate. He suggested that the Commission review proposed designs/modifications. Commissioners Lawler and Weigand agreed to include that in the motion. In response to Assistant City Attorney Michael Torres's inquiry, it was noted that both properties are included in the motion. Motion made by Commissioner Lawler and seconded by Commissioner Weigand to adopt Resolution No. 2001 designating two roof top signs at 706 E. Bay Avenue and one roof top sign at 601 Balboa Boulevard as Heritage Signs and that proposals for designs/modifications be reviewed by the Planning Commission. AYES: Brown, Hillgren, Koetting, Lawler,Weigand,Zak ABSENT: Kramer Page 2 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/3/15 ITEM NO. 3 WASA SUSHI RESTAURANT EXPANSION AND BLUFF'S SHOPPING CENTER PARKING WAIVER(PA2015-140) Site Location: 1346 Bison Avenue/The Bluffs Shopping Center Senior Planner Gregg Ramirez presented details of a PowerPoint presentation addressing location, surrounding properties, parking, existing conditions, proposed expansion areas, current and proposed hours of operation, upgrades in the ABC license, current and proposed parking requirements, floorplan, details of the parking waiver, results of a parking study, review of the project by the Police Department, Conditions of Approval, and recommendations. In reply to Commissioner Hillgren's inquiry, Senior Planner Ramirez reported that the City of Newport Beach approved Site Plan Review in 2001 and that the Bonita Canyon Planned Community standards originally adopted by the City of Irvine were used. He referenced information regarding existing tenants, discretionary approval permits, type of uses, square footage, parking ratios and the number of spaces required for each use. Discussion followed regarding the date and time of the parking study. Commissioner Hillgren stated that the information is a bit stale and questioned the timing of the study. He commented on the number of seats being added and estimated that there is an additional ten-space parking deficit based on his interpretation. Senior Planner Ramirez reported that this particular code uses gross floor area to determine parking rather than the number of seats or net public area. He added that taking into consideration the operating hours of nearby businesses and retail uses, staff believes there is enough parking. The different uses in the area may demand more or less parking and staff considered the mix of uses. Commissioner Lawler stated he went there today, and had a hard time finding parking. He questioned the validity of the June parking study. Secretary Koetting questioned the "split" parking concept where there is a different ratio between lunch and dinner. In reply to his question, Senior Planner Ramirez stated that in this case, the parking rate is the same. The existing parking ratio is one parking space per 100 square feet. The change in the character of the use redefines the use into a restaurant and the Planned Community zoning regulations have a higher parking rate of one per 75. Secretary Koetting asked whether this could be a precedent-setting situation and Deputy Community Development Director Wisneski noted that discretionary projects are reviewed on their own merit. This project, as others in the future, will not reviewed based on decisions made regarding other projects. Secretary Koetting stated that the document indicates the center has three buildings but that in reality, there are four. Vice Chair Brown clarified that in theory, the restaurant is currently fast-food restaurant. The expansion will make it a restaurant. The parking ratio, does not change, accordingly. Subsequent to the expansion, the parking ratio will be one space per 75 square feet and staff feels it best to use one parking rate for the entire restaurant. Vice Chair Brown opened the public hearing. Tom Mathews, CAA Planning, representing the applicants, addressed the unique location, original parking standards, existing parking, proposed change to address demand seen in evening hours, and availability of valet parking. In response to Commissioner Weigand's question, Mr. Mathews reported that the conditions will run with the land and that if Wasa Sushi was to change owners, stipulations would remain in effect. Discussion followed regarding other restaurants in the area with quicker turnarounds, types of liquor licenses had by other Wasa Sushi restaurants, and the number of spaces dedicated for valet parking. Page 3 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/3/15 Secretary Koetting commented on other restaurants in the area open for lunch only. In response to his question, Mr. Mathews reported that the original entitlement would allow a shopping center of 51,000 square feet with 32,000 square feet designated for restaurant use. With approval of the expansion, the square footage for restaurant use would be close to 34,000. Discussion followed regarding the number of retailers closed after 8:00 p.m. and the peak traffic period. Secretary Koetting stated that he is familiar with the center and that only two retailers close by 7:00 p.m. Others close at 8:00 p.m. or 9:00 p.m. Additionally, he stated that Mozambique is closed and wondered whether that will be restricted to retail once the Wasa Sushi expansion is approved. Mr. Mathews stated there is no current application for that site. He noted that the market dictates how the applications come forward. He reported that the expansion is not creating an impact on adjoining areas and that it is impossible to park to a maximum, when you have such a small site. Development is not peak driven. Commissioner Hillgren referenced the Parking Management Plan and asked what the solution would be if it turns out that parking is an issue, within a year. Mr. Mathews stated that the Commission could add a condition requiring a status update. In terms of limiting other food uses in the center, going forward, Senior Planner Ramirez reported that the vacant Mozambique could be occupied as a restaurant based on the existing use permit. Retail spaces would have to remain retail. Commissioner Hillgren acknowledged steps included in the project that will mitigate parking challenges. Vice Chair Brown stated sharing Secretary Koetting's concerns regarding valet parking. He suggested that, in addition to requiring valet parking during the day, the Commission may want to look at ways to make it clear to all patrons that valet parking is available for everyone. Mr. Mathews agreed to such conditions. Vice Chair Brown asked to add a condition requiring an update of the project within one year, and another making it clear to all patrons of the availability of valet parking. Chase Gilmore, The Irvine Company, stated that valet parking is open during lunch time. Mr. Mathews noted that new proposed uses would need to be reviewed by the City. Vice Chair Brown closed the public hearing. In response to Commission Zak's question, Senior Planner Ramirez reported that staff received no communication from tenants or the public, with concerns regarding the project. Motion made by Commissioner Hillgren and seconded by Commissioner Lawler to adopt Resolution Nos 2002 and 2003 Conditional Use Permit Nos. UP2015-034 and UP2015-035 subject to the conditions of approval provided in the draft resolution and with added conditions requiring a status update in one year and potential modification to the Parking Management Plan, if necessary, and communicating to patrons the availability of valet parking. AYES: Brown, Hillgren, Koetting, Lawler, Weigand,Zak ABSENT: Kramer ITEM NO. 4 THE VILLAGE INN OUTDOOR DINING AND LAND USE AMENDMENTS (PA2015-016) Site Location: 123 and 127 Marine Avenue Assistant City Attorney Torres advised the Planning Commission under this item, it will consider a General Plan amendment, a Coastal Land Use Plan amendment, a Zoning Code amendment and a Conditional Use Page 4 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/3/15 Permit. The Commission will consider the findings required for each and will make its decision, based on those findings, to either, recommend approval or recommend denial. Ordinarily, the Planning Commission is the approving body for the use permit, however, because there are land use amendments, it will be going to the City Council under the Zoning Code. All applications will then be brought to City Council for final approval or denial. Deputy Community Development Director Wisneski provided a PowerPoint presentation addressing location, background, surrounding uses, details of the application, existing conditions, ownership change in 2012, violations related to prior improvements, options considered to improve the situation, the intent of the Land Use amendment and placement of a land-use restriction at 123 Marine Avenue. In response to Secretary Koetting's inquiry, Deputy Community Development Director Wisneski reported that any type of change to the structures will require further discretionary review. She added that the existing Conditional Use Permit limits business operation to what they are, today. There is a restriction as to what they can do, but the land-use restriction provides another level of protection. She addressed the area where there is currently unpermitted development and any expansion of the area would be an alteration to the current business operations. In response to Secretary Koetting's question, Assistant City Attorney Torres reported that the land-use restriction would be recorded against the property that would prevent any type of commercial use in the area. In response to Commissioner Hillgren's question regarding the reason for a lot-line adjustment as opposed to a merger, Deputy Community Development Director Wisneski reported that the unpermitted development attaches to the residential use, it would make the residential lot undevelopable because it would be too narrow. She added that if the lot merger were to be approved, the area could be modified to meet Building Code requirements. In reply to Commissioner Lawler's question regarding what would happen if the property is sold, Deputy Community Development Director Wisneski reiterated that if the merger is approved, the property would be one lot. In response to Commissioner Zak's question, Deputy Community Development Director Wisneski reported that each application can stand on their own merit. If a Conditional Use Permit were approved and the Land Use change denied, there is a condition recognizing that scenario, requiring that the unpermitted commercial development should be permitted and demolished, prior to the outdoor dining area being finalized by the City. There is a timeframe requiring its removal. Additionally, she listed next steps if the Planning Commission should recommend approval of all applications. Vice Chair Brown reiterated that the Planning Commission is not approving anything at this time, but rather recommending approval or denial to City Council. Deputy Community Development Director Wisneski addressed the proposed improvements along Marine Avenue including relocation of bike racks, outdoor dining area and access and noted that the area of the property is along the public right-of-way. She reported that Council will review the project for compliance with Council Policy L-21. She highlighted existing conditions and actions that staff has taken to monitor the operator and reported on past violations issued for the property. Additionally, Deputy Community Development Director Wisneski addressed permits currently in place that establish regulations for their business operations and Conditions of Approval that will minimize negative impacts to the neighborhood and presented recommendations. Brief discussion followed regarding lot line adjustments versus lot mergers and when the kitchen was built. In response to Secretary Koetting's question regarding liability in connection with locating seating in the right- of-way, Assistant City Attorney Torres reported that in order to go into the right-of-way, the applicant will need to enter into an encroachment agreement with the City and as part of that, they would need to indemnify the City. Page 5 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/3/15 Discussion followed regarding past violations and related fines. Secretary Koetting opined that the penalties don't seem to be enough. Vice Chair Brown noted only one violation by the current owner relative to the improvements currently being discussed. In reply to his question as to whether the current owner was aware of the violation, Deputy Community Development Director Wisneski reported there is no previous record of the City notifying him that the improvements were unpermitted. Commissioner Hillgren asked regarding separation from the sidewalk and Deputy Community Development Director Wisneski reported there is a wrought iron fence proposed to separate the dining area from the sidewalk. She provided information regarding ADA access and reported the outdoor dining area must close at 9:00 p.m. and the tables will be brought indoors. She noted that it must also meet the standards of the noise ordinance. Discussion followed regarding the current food-to-alcohol sales ratio, leaving the selection of the location of bike racks at the discretion of the Public Works Department, whether the Balboa Island Improvement Association has weighed in on the bike racks and expectations relative to bike racks. City Traffic Engineer Brine reported that staff is looking at Balboa Island, overall, to add bike racks but the plans have not yet been finalized. Commissioner Weigand expressed concerns with rushing an item that needs proper vetting, noting that the Balboa Island Improvement Association has been considering the matter for quite some time. He added that he would like to hear what they have to say. Secretary Koetting asked whether the kitchen expansion area will be brought up to code and Deputy Community Development Director Wisneski reported that is the purpose of the land use amendment and lot merger. She added that the General Plan amendment would not require a vote of the electorate. Commissioner Hillgren asked if by merging the lots, the existing construction would be deemed compliant and Deputy Community Development Director Wisneski stated that some improvements would be required to bring the project to code, and described same. In reply to Commissioner Zak's inquiry, Deputy Community Development Director Wisneski reported that the entire process may take up to a year due to Coastal Commission review. Commissioner Zak expressed concerns regarding possible liability to the City. Assistant City Attorney Torres reported that unpermitted development happens throughout the City and that the City doesn't necessarily take on liability every time a property owner does that. In this case, there is an active Code Enforcement case against the property. Depending on the action of the Commission and Council, it would result in either removing the structure, or proceed to make it legal. He added that he does not foresee any liability to the City. This is part of the process to bring it up to code. In answer to Commissioner Weigand's question, Assistant City Attorney Torres reported that the Planning Commission could continue this item and take the application for the lot line merger and consider the matter as one package in the future. Vice Chair Brown opened the public hearing. Dan Miller, applicant, presented his vision and reported that in the process, they are rebranding the Village Inn from a dive bar to a community dining establishment. He addressed increases in food sales, beautification, seating capacity, entertainment, and actions to resolve non-compliance issues. He addressed compliance with the City's noise ordinance, food sales and provided suggestions regarding the bike racks. Secretary Koetting referenced the floorplan and asked regarding plans to fill in gaps in the seating layout. Mr. Miller reported that in order not to add seating, they will push the two-top tables outside and bring them in Page 6 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/3/15 during the live entertainment windows. Secretary Koetting suggested moving the live entertainment toward the back and Mr. Miller reported that after looking at several options, they determined it would have the best visibility around the fireplace, in the front. Additionally, he addressed the last call for food relative to Condition No. 18. Commissioner Weigand asked regarding outdoor dining tables and Mr. Miller reported that the tables would be brought inside during live entertainment. Patrons will be advised of the 9:00 p.m. closure of the outdoor dining area. He reported that music, generally begins at 8:00 p.m. Currently, live entertainment is on six nights per week and he acknowledged that windows will need to be closed during live entertainment. Commissioner Weigand commented on the possibility of proceeding with half of the dining area and having the applicant return for approval of the other half. Mr. Miller noted that it would increase his expenses and he would not be in support of the suggestion. Discussion followed regarding the accordion doors, noise attenuation and existing windows and structures. Deputy Community Development Director Wisneski reported that staff will review the specifications of the accordion doors and their ability to attenuate sound during the plan check process. Discussion followed regarding the current and proposed location of the stage, benefits of double-paned windows and project speakers toward the back. In response to Vice Chair Brown's question regarding the violation, Mr. Miller reported that he was not aware that the improvements were a violation of the City's code. Peter Bergman, 120 Marine Avenue, thanked the Commission for its interest and concerns. He stated that residents wish the Village Inn no harm but stated that noise has been a problem for the last three years. Additionally, he expressed concerns regarding the bike racks and noted that the venue is a restaurant by day, a sports bar in the afternoon, and a nightclub at night. Tina Sullivan, 121 Marine Avenue, noted that for many years, there were no problems in relation to the restaurant but that it all changed over the last three years. She reported that the new owners illegal took down a wall, doubled the size of the stage and moved it closer to nearby residences and turned the speakers toward same. She reported that this was done without the approval of the City's Planning Department. She complained of loud noise and screaming and reported that the police were not called because the owner asked residents to text him if the music was too loud. However, this and other measures, including a petition signed by neighbors, did nothing to stop the noise. Ellis Morcos, 122 Marine Avenue, stated he is not against the Village Inn, but complained of changes within the last three years. He believed they are not using the space adequately, and stated that the City has done nothing about violations of the Building Code. He spoke in opposition of merging the lot and changing the zoning adding that it will negatively impact the residential neighborhood. Commissioner Hillgren commented on the proposed restrictions and Mr. Morcos stated that the proposed patio dining is not acceptable to him or to his neighbors. Commissioner Hillgren noted that 123 Marine Avenue would remain residential. Mike Sullivan, 121 Marine Avenue, commented on the relocation of the bike racks closer to his property and complained that it will bring drunks closer to his house. He expressed concerns about unruly people and noise and spoke in opposition to the proposed outdoor dining. Kristen Turner, 306 Marine Avenue, spoke in support of the project and the operator. She reported that the venue went from a dive bar to a family dining establishment and commended Mr. Miller for the improvements made. Roger Van Pelt provided a brief history of the venue and complained of trash and dirt. Page 7 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/3/15 Jerry Kelleher expressed concerns with relocating the bike racks and opined there ought to be a better way of mitigating a property that is not zoned. Tom O'Brien, 105 Marine Avenue, referenced the staff report in terms of the project not jeopardizing the welfare of the neighborhood. He noted that the neighborhood is heavily and adversely impacted and questioned the use of the lot to be designated as mixed use. Tom Sullivan complained of debris and reported that the operator has tormented his brother and his family with loud noise and squalor. He spoke in opposition to the project and asked members of the Commission how they would feel if the subject project were close to their homes. Suzanne Savary stated she has watched the destruction of a local area by a renegade business owner and operator. She commented on Balboa Island as a unique gem and noted that the subject business works as it currently exists, with double-paned windows and totally enclosed. She stated that they are proposing placing outdoor dining on City property and opined that this operator does not "fit" well with the neighborhood. She reported that it is dangerous and should be immediately identified for removal. She urged the Commission to protect Balboa Island and consider residents'concerns. Jay Truant spoke in support of the project and commented on actions to be taken to mitigate sound. He reported that music is acoustic and at low volume and that typically patrons are louder than the music. Darrin Grant, 123 Marine Avenue, stated that loud music or noise has never bothered him. He reported that the property looks much better than it did and spoke in support of the project. Lynn O'Brien reported that people were allowed to buy beer at 123 Marine Avenue during the most recent boat parade. She stated that abuses to the law, continue, although they may be very subtle at times. She stressed that Balboa Island is a residential community and it is not the responsibility of residents to help the operator make a profit. Discussion followed clarifying that the unit at 123 Marine Avenue has been occupied since June 2015. Brent Ogden III, provided a brief history of the site and noted that the construction material was not up to today's standards. He commented on the operator installing double-paned windows and opined that it will help mitigate noise. He spoke in support of the project noting there has been an improvement to the area that is serving to attract guests. Vice Chair Brown closed the public hearing. Deputy Community Development Director Wisneski stated that a condition could be added, identifying an area for relocating the bike racks. City Traffic Engineer Brine stated the only place that staff could see relocating the bike racks would be near the 123 Marine Avenue site. He added that the details need to be worked out. Discussion followed regarding possible alternative locations for the bike racks and precedents of similar lot mergers in the City. Commissioner Lawler indicated he would not support the outdoor dining area or relocating the bike racks. Commissioner Hillgren asked about sound studies and Deputy Community Development Director Wisneski reported that Code Enforcement staff have taken measurements in response to noise complaints. Senior Code Enforcement Officer Cassi Palmer reported that when staff has responded to noise complaints the noise has been in the form of a low acoustical sound. She added that complaints have been relative to bass sounds but that they have not violated the City's noise ordinance. Discussion followed regarding actions that could be taken to reduce noise. Page 8 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/3/15 Deputy Community Development Director Wisneski suggested that staff could request a sound attenuation specialist review the plans and provide recommendations for locating the stage and installing sound attenuation equipment/barriers. Deputy Community Development Director Wisneski reported that the allowance of an outdoor dining area is compatible with the General Plan. She addressed Finding No. 5 and stated that staff felt that with the conditions proposed with the project,the business operation would be consistent with what currently exists. Commissioner Zak stated challenges relative to Findings No. 3 and 5 and noted that he is leaning towards not supporting the CUP, but recommending the other three items. Mr. Miller reported trying to work with neighbors and listed steps taken to reduce noise. He commented on his involvement in the community and reported having over 100 signatures from residents in the community, in support of the project and noted his intent to be a good neighbor. In response to Secretary Koetting's question, Mr. Miller reported that he is the business owner, not the property owner and stated he is open to the idea of moving the bike racks to Park Avenue. Secretary Koetting stated he has concerns with the outdoor dining and the proposed location of the stage. He suggested that they install double-paned glass above the wall. Commissioner Hillgren expressed concerns regarding the outdoor dining and changing the use on the current residential lot. He stated that more information is needed in,terms of a sound study and including sound attenuation measures. Commissioner Weigand acknowledged efforts made by the operator to improve the site, but noted the need for a plan in terms of relocating the bike racks. Vice Chair Brown felt there are still too many unanswered questions and noted concerns regarding Finding No. 5. Deputy Community Development Director Wisneski suggested that if the applicant is amenable to conducting a noise study the matter could be continued. Assistant City Attorney Torres suggested continuing the matter to a date certain. Deputy Community Development Director Wisneski suggested tabling the matter to allow additional time for a noise study and reported that the matter would be re-noticed. Commissioner Weigand suggested involving the Balboa Island Improvement Association relative to the bike racks. Motion made by Commissioner Zak and seconded by Commissioner Lawler to deny the applicant's request for a CUP but recommend approval of the General Plan amendment, a Coastal Land Use Plan amendment and a Zoning Code amendment,with an added condition that 123 Marine Avenue is restricted to residential use. Commissioner Zak and Commissioner Lawler noted they cannot support the CUP at this time. Secretary Koetting stated he supports denial of the CUP. Discussion followed regarding restricting the whole lot on 123 Marine Avenue, concerns regarding tabling parts of the project, uses that would be allowed in a mixed use lot, the lot merger being the best option and issues with doing a lot line adjustment. Assistant City Attorney Torres recommended continuing the item to allow staff to speak with Building Officials about the various items and see if there is another solution. Page 9 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/3/15 Commissioners Zak and Lawler rescinded their motion. Discussion followed regarding options for a motion. Commissioner Hillgren suggested keeping an open mind relative to the CUP. Members of the Commission noted challenges with Findings No. 3 and 5 with respect to the CUP. Motion made by Commissioner Zak and seconded by Commissioner Lawler to continue General Plan No. GP2015-002, Coastal Land Use Plan No. LC2015-001 and Zoning Code No. CA2015-010 amendments for the property located at 123 Marine Avenue to the second Planning Commission meeting in January 21, 2016. AYES: Brown, Hillgren, Koetting, Lawler, Weigand, Zak ABSENT: Kramer Motion made by Commissioner Zak and seconded by Secretary Koetting to recommend denial of Conditional Use Permit No. UP2015-006 to establish an outdoor dining area associated with the Village Inn restaurant at 127 Marine Avenue. AYES: Koetting, Lawler,Weigand,Zak NOES: Brown, Hillgren ABSENT: Kramer VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION - None ITEM NO. 6 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Deputy Community Development Director Wisneski referenced the Commission's tentative agenda and items for consideration at the Commission's meeting of December 17, 2015. She added that the January 7, 2016 Planning Commission meeting has been cancelled. 1. Update on the General Plan/Local Coastal Program Implementation Committee 2. Update on City Council Items Deputy Community Development Director Wisneski reported that City Council awarded a contract for the Newport Center Villas EIR. ITEM NO.7 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT A presentation on the City's Historical Signs will be presented in the future. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES - None IX. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 10:10 p.m. to the Planning Commission meeting of December 17, 2015. Page 10 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/3/15 The agenda for the Planning Commission meeting was posted on Wednesday, November 25, 2015, at 1:24 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 Wednesday, November 25, 2015, at 1:20 p.m. Kory Kramer, Chair Peter Koetting, Secretary Page 11 of 11 Planning Commission - December 17, 2015 Item No. 1 a Additional Materials Received Draft Minutes of December 3, 2015 Dec. 17, 2015, Planning Commission Agenda Item Comments Comments on Newport Beach Planning Commission regular meeting agenda item submitted by: Jim Mosher( limmosher(d),yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 1. DRAFT MINUTES 12-03-2015 Suggested changes to the draft minutes passages in italics are indicated in strikeout underline format. Page 3, Item 3, paragraph 2: "in reply to Commissioner Hillgren's inquiry, Senior Planner Ramirez reported that the City of Newport Beach approved a Site Plan Review in 2001 and that the Bonita Canyon Planned Community standards originally adopted by the City of Irvine were used." Page 3, Item 3, paragraph 7, last sentence: "This project, as others in the future, will not be reviewed based on decisions made regarding other projects." Page 3, Item 3, paragraph 9: "Vice Chair Brown clarified that in theory, the restaurant is currently a "fast-food restaurant." The expansion will make it a "restaurant."' Page 3, last paragraph: "In response to Commissioner Weigand's question, Mr. Mathews reported that the conditions will run with the land and that if Wasa Sushi was to change owners, the stipulations would remain in effect." Page 4, motion: "Motion made by Commissioner Hillgren and seconded by Commissioner Lawler to adopt Resolution Nos. 2002 and 2003 and Conditional Use Permit Nos. UP2015-034 and UP2015-035 subject to ..." Page 5, paragraph 5: "In response to Commissioner Hillgren's question regarding the rem„ for possibility of a lot-line adjustment as opposed to a merger, Deputy Community Development Director Wisneski reported that the unpermitted development attaches to the residential use, it would make the residential lot undevelopable because it would be too narrow." Page 5, paragraph 7: "In response to Commissioner Zak's question, Deputy Community Development Director Wisneski reported that each application can stand on their its own merit. If a Conditional Use Permit were approved and the Land Use change denied, there is a condition recognizing that scenario, requiring that the unpermitted commercial development should be permitted and or demolished, prior to the outdoor dining area being finalized by the City." Page 6, paragraph 5 from end, sentence 3: "Depending on the action of the Commission and Council, it would result in either removing the structure, or proceeel proceeding to make it legal." Page 7, paragraph 6: "Discussion followed regarding the current and proposed location of the stage, benefits of double-paned windows and project pointing speakers toward the back." [?] Planning Commission - December 17, 2015 Item No. 1a Additional Materials Received December 17, 2015, PC agenda item 1 comments - Jim MosheDraft MinLResec2f(December 3, 2015 Page 7, paragraph 9, sentence 2: "She reported that the new owners Wega4 illegally took down a wall, doubled the size of the stage and moved it closer to nearby residences and turned the speakers toward same." Page 10, first motion: "Motion made by Commissioner Zak and seconded by Commissioner Lawler to continue General Plan No. GP2015-002, Coastal Land Use Plan No. LC2015-001 and Zoning Code No. CA2015-010 amendments for the property located at 123 Marine Avenue to the ser-on d Planning Commission meeting in on January 21, 2016." [Alternatively, leave "second' but delete specific date. Although the audio should be reviewed to see what was actually moved, per the minutes of Item 6 it turns out the meeting on January 21"will actually be the first and only meeting in January.]