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HomeMy WebLinkAbout1.0 - Draft Minutes_01-21-2016 CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers — 100 Civic Center Drive Thursday, January 21, 2016 REGULAR MEETING 6:30 p.m. I. CALL TO ORDER-The meeting was called to order at 6:30 p.m., by Secretary Koetting II. PLEDGE OF ALLEGIANCE—Commissioner Weigand III. ROLL CALL PRESENT: Hillgren, Koetting, Lawler,Weigand ABSENT (Excused): Brown, Kramer, Zak Staff Present: Deputy Community Development Director Brenda Wisneski; Assistant City Attorney Michael Torres; City Traffic Engineer Tony Brine; Assistant Planner Melinda Whelan; Associate Planner Makana Nova, Senior Planer Gregg Ramirez, Assistant Planner Chelsea Crager, Police Civilian Investigator Wendy Joe; Administrative Support Specialist Jennifer Biddle;Administrative Support Technician Traci Makinen IV. PUBLIC COMMENTS Jim Mosher referenced the minutes from the Planning Commission meeting of December 17, 2015, and an item to be considered by the Commission on February 3rd relative to amending the by-laws to make a new requirement that comments and documents be submitted to the Commission by 5:00 p.m. on the day before a meeting. He stated it is a great idea to encourage, but discouraged the Commission from making it a "hard and fast" rule. He added that even though City Council has that rule, it is not enforced, noting that people submit comments late to Council. Commissioner Weigand noted that the minutes indicate comments and documents should be submitted on the Monday before a meeting, prior to 5:00 p.m. and asked if that mirrors Council policy. Deputy Community Development Director Brenda Wisneski reported that the item will be considered by the Planning Commission at its meeting on February 3rd. The reference in the minutes is City Council's policy. Secretary Koetting closed public comments. V. REQUEST FOR CONTINUANCES Deputy Community Development Director Wisneski reported that the applicant for Item No. 2 of the agenda, has requested that the matter be tabled at this time. The item will be re-noticed for future consideration. Regarding Item No. 3, the applicant has requested tabling that matter to a future agenda. That matter will be re-noticed as well. In response to Secretary Koetting's inquiry regarding reasons for their requests, Deputy Community Development Director Wisneski reported that the applicants are continuing to consider their options and are seeking increased community input prior to consideration by the Planning Commission. Motion made by Commissioner Hillgren and seconded by Commissioner Weigand to table Item No. 2 and table/withdraw Item No. 3 of the agenda, as requested by the applicants and recommended by staff. AYES: Hillgren, Koetting, Lawler,Weigand ABSTAIN: None ABSENT: Brown, Kramer, Zak VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF DECEMBER 17, 2015 Page 1 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 1/21/16 Recommended Action: Approve and file Secretary Koetting noted that Mr. Jim Mosher submitted written corrections to the minutes. Motion made by Commissioner Lawler and seconded by Commissioner Weigand to approve and file the Planning Commission meeting minutes of December 17, 2015, as amended. AYES: Hillgren, Koetting, Lawler,Weigand ABSTAIN: None ABSENT: Brown, Kramer, Zak VII. PUBLIC HEARING ITEMS ITEM NO.2 THE VILLAGE INN OUTDOOR DINING LAND USE AMENDMENT(PA2015-016) Site Location: 123 and 127 Marine Avenue Continued from December 3, 2015 This matter was tabled per the applicant's request and addressed under Requests for Continuances. ITEM NO.3 GOLD STONE PROPERTIES SETBACK DETERMINATION (PA2015-115) Site Location: 2805 W. Balboa Boulevard This matter was tabled per the applicant's request and addressed under Requests for Continuances. ITEM NO.4 ENVIRONMENTAL NATURE CENTER PRESCHOOL (2015-079) Site Location: 745 Dover Drive Associate Planner Makana Nova, provided details in a PowerPoint presentation addressing details of the request, location, existing conditions, a brief history of the property, easements on the site, existing Environmental Nature Center adjacent to the property, surrounding uses, reciprocal access to the northern parcel, site plan of the proposed preschool, number of students and faculty, hours of operation, parking, student drop-off and pick-up, floorplan, enclosed trash area, renderings and architectural materials. She reported that staff has considered compatibility with adjacent residences in the project design and addressed compliance with the City's noise ordinance, results of the sound study and conditions of approval. Associate Planner Nova reported that a traffic study is required for this project and addressed average daily trips, changes in the number of peak-hour trips resulting from the project, levels of service for nearby intersections and recommendations. She reported that in terms of CEQA, the project has a Class 32 exemption and is considered an in-fill site. If approved, the Minor Use Permit would supersede any previously approved Use Permits for the property and the action would become final on February 4th. Commissioner Hillgren referenced the sound study and opined that the Trex fence may not be adequate to mitigate noise. He asked for further information regarding the sound study and whether there are alternative options for noise mitigation. Associate Planner Nova reported that the applicant will still be required to comply with the City's noise ordinance. If complaints are received, over time, staff could consider the possibility of a different type of material for increased sound attenuation but the proposed fence design is the preferred option for the applicant and adjacent neighbors. In response to Commissioner Lawler's question regarding whether any negative feedback has been received from nearby residents, Associate Planner Nova reported that the applicant is in attendance and that they have done quite a bit of outreach with neighbors. They would be able to expand further on the matter. She noted that the applicant intends to stagger drop-off and pick-up times in the parking area. Secretary Koetting stated he would like the peak hours for drop-off and pick-up addressed and asked whether this is a legal parcel. Associate Planner Nova reported that it is a separate parcel from the Environmental Nature Center site. Page 2 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 1/21/16 In response to Secretary Koetting's question, Associate Planner Nova reported there is currently a reciprocal access and this arrangement will continue. Secretary Koetting added he would like to address the maximum number of staff and students as well as parking. Associate Planner Nova reported that staff has added flexibility in terms of parking requirements and that the applicant intends to have 72 children with ten faculty members at this time. She indicated that the parking requirement is based on occupant load rather than the student capacity. It is also based on the State license. Additionally, the applicant intends to stagger drop-off and pick-up in the parking area. Secretary Koetting opened the public hearing. Carol McDermott, applicant, introduced her team including Bo Glover, Executive Director of the Environmental Nature Center (ENC), John Parenti, Chair of the ENC Board, Darrell Robinson, Project Manager with Griffin Structures, and Ti Tahn, Project Designer with LPA. She provided a PowerPoint presentation addressing location, the projected number of students, their mission statement, parking, hours of operation, ages of students, site characteristics, replacement of existing street trees, landscaping maintenance, Trex fencing, play areas, shared-access easement, and screening for parking and lights, demolition of existing stairwell, staggered drop-off timeframes, and neighborhood outreach. In response to Commissioner Hillgren's question, Ms. McDermott addressed parking requirements relative to the occupant load and number of students licensed for the preschool. She noted that the state license maximum would not be established until after discretionary approvals were authorized by the City and that the applicant would like to maintain flexibility in the maximum number of students if possible. In reply to Commissioner Weigand's question, Ms. McDermott stated there is a connection between the ENC and the preschool and that will be maintained for security purposes. Ms. McDermott reported there will be snacks served but that students will bring their own lunches. She added that the Nature Center will be the General Manager but that a preschool professional will be hired to operate it. Additionally, she addressed the number of students in the playground area at one time and noted that the timeframe would vary. Commissioner Weigand noted his correspondence with the applicant and reported that two of the nearby properties are currently for sale. Ms. McDermott noted that one of the sellers assured her that there were extensive disclosures related to the sale of his property. Murphy McCann, adjacent neighbor, spoke in support of the project. John Parenti, President for the Board of Directors for the ENC, commented on the different programs the center has been providing to the community and addressed volunteers and children served. He spoke in support of the project and asked that the Commission approve same. Jim Mosher commented positively that the applicant is not seeking to build the property to its maximum square footage but expressed disappointment that it will give an appearance of being completely walled in. He commented on the parking plan and a discrepancy in the rendering of same and on the number of available spaces. Additionally, he referenced the Traffic Study and a list of currently approved projects and alleged a lack of communication between Planning staff and the consultant regarding what projects have been approved and have not. Associate Planner Nova clarified that the list of approved projects is a list of projects for which traffic studies have been conducted. Page 3 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 1/21/16 In reply to Commissioner Weigand's question, Ms. McDermott addressed the number of parking spaces at the ENC site. She added that they have an agreement with the nearby high school to lease their parking for special events such as back to school nights. Secretary Koetting closed the public hearing. Commissioner Weigand commented on the hours of operation and questioned restricting teachers being on- site beyond the stated hours. Associate Planner Nova agreed to add a condition reflecting the hours of operation and noted that the stated hours are business hours when children would be present. Teachers would not necessarily be restricted to those limits as staff. Additionally, it will reflect that special events may occur beyond the hours stated. Commissioners Weigand and Lawler commented on their experience with the ENC and in favor of the project. Secretary Koetting noted the project is a great example of in-fill in the City and commented positively on the design and the project. Motion made by Commissioner Weigand and seconded by Commissioner Lawler to adopt Resolution No. 2007 approving Minor Use Permit No. UP2015-020 and Traffic Study No. TS2015-001 as modified above to add a condition reflecting the regular hours for which children are present from 7:00 a.m. through 6:00 p.m., Monday through Friday where special events may occur beyond those hours. AYES: Hillgren, Koetting, Lawler,Weigand ABSTAIN: None ABSENT: Brown, Kramer, Zak ITEM NO. 5 ZINQUE CONDITIONAL USE PERMIT (2015-178) Site Location: 3440,3442 and 3446 Via Oporto Assistant Planner Melinda Whelan provided a PowerPoint presentation addressing details of the request, location, existing conditions, surrounding uses, to-go area and take-out window, outdoor dining patio, walkway along the water, floorplan, Type 41 alcohol license, review by Planning and the Police Department, conditions of approval to minimize negative impacts to the neighborhood, requirement for an operator's license and security plan and hours of operation. She reported that parking was addressed previously through a Parking Management Plan and that staff was able to make all of the required findings to recommend approval of the Use Permit. The project continues efforts to revise Lido Marina Village and Assistant Planner Whelan addressed CEQA exemptions. If the CUP is approved, it will supersede all existing Use Permits and the Operator's License will be scheduled for review after Monday, February 8, 2016. Commissioner Lawler referenced the outdoor dining patio and wondered whether acoustical studies were required. Assistant Planner Whelan reported that the outdoor dining patio is conditioned to close earlier and the venue is not proposing live entertainment nor dancing, so it is not expected to affect surrounding residents. She added that no negative comments were received in response to the Notice of Public Hearing. In reply to Commissioner Hillgren's question, Assistant Planner Whelan reported that DJM supports the project. She added that the applicant is looking at obtaining off-site parking and that it will come before the Commission for review. Commissioner Hillgren stated it would be helpful to have an overall site plan of Lido Marina Village to illustrate what has been approved and what is pending. Page 4 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 1/21/16 Deputy Community Development Director Wisneski stated that staff expects one additional restaurant with alcohol service, in the area. She added that another Traffic Demand Analysis is expected to be conducted in the summer by the applicant. Associate Planner Nova added that she has been working closely with DJM on the overall occupancy for Lido Marina Village. The CUP that was approved for the entire center allows for occupancy up to a specific threshold. Going above those thresholds would trigger off-site parking or a new Parking Demand Study. The parking study showed there was a parking deficit of 100 spaces and Associate Planner Nova reported she is currently working with DJM to formalize an off-site parking agreement. For the time being, the subject restaurant is under the threshold. Discussion followed regarding parking on the Peninsula as a whole and the possibility of implementing a shuttle program. Associate Planner Nova reported that the goal is to provide parking for employees with a shuttle. The parking structure in Lido Marina Village would be available for customers. Commissioner Weigand commented on other Harbor users impacting parking. In response to Commissioner Lawler's inquiry, Associate Planner Nova addressed the threshold that would trigger a new parking analysis and noted that the charter boats were an existing operational use when the original parking study was conducted. Secretary Koetting opened the public hearing. Emmanuel Dossetti, applicant, reported that they have two other locations, one in Venice Beach and another in West Hollywood. He reported that they are a"coffee and wine" bar and explained the operation. He noted there have never been any incidents with the Police and that they have a good relationship with their neighbors. In response to Commissioner Hillgren's inquiry, Mr. Dossetti addressed the proposed hours of operation and the goal of the"to-go"window. He added that their kitchen stays open until late at night and therefore, they request late hours. He added that he would like the opportunity for flexibility in terms of closing of the"to-go"window. In reply to Secretary Koetting's question, Mr. Dossetti reported that the space above the restaurant is being removed as the stairs were not up to code. Discussion followed regarding location of trash enclosures, existing retail building, complying with the City's noise ordinance and the need to meet the City's lighting standards. Mr. Dossetti addressed their trash disposal process. Dawn Simone, DJM, reported there will be operational guidelines in place, through property management, that would restrict accessing trash through the common areas, during peak periods. She added they are looking at other options for trash staging and storage within the Zinque building. Jim Mosher commented on the CUP running with the land and the property having old Use Permits for similar uses. He questioned the need to be open late hours and the Police Department's endorsement of same. Additionally, he expressed concerns that this may be a "Trojan Horse" which will be converted to an alcohol- serving establishment, in the future. He noted that many of the findings are not clearly stated in the resolution. Assistant Planner Whelan reported that if they were to change the type of alcohol license,they would be required to amend their Use Permit which would require approval from the Planning Commission, per the City's Zoning Code. Discussion followed regarding the possibility of extending the hours of operation of the "take-out" window, to midnight. Secretary Koetting closed the public hearing. Page 5 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 1/21/16 Motion made by Commissioner Weigand and seconded by Commissioner Hillgren to adopt Resolution No. 2008 approving Conditional Use Permit No. UP2015-042, with the amended to-go window hours of operation until 12:00 midnight, daily, as discussed. AYES: Hillgren, Koetting, Lawler,Weigand ABSTAIN: None ABSENT: Brown, Kramer, Zak VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION - None ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee Deputy Community Development Director Wisneski provided an update on the Local Coastal Program Implementation Committee noting that staff continues to communicate with Coastal Commission staff and will meet with them next week. She reported that the plan will be considered in two pieces including the map, tentatively in April and the IP in May. 2. Update on City Council Items Deputy Community Development Director Wisneski addressed the Planning Commission's tentative agenda and highlighted forthcoming items for consideration. She reported that the Commission's next meeting will be on February 3, 2016. Additionally, she reported that the Verizon Telecommunications appeal has been withdrawn by Verizon. Deputy Community Development Director Wisneski commented on the possibility of having a Police Officer attend future Planning Commission meetings and reported they offered their availability,as needed. Discussion followed regarding standard Conditions of Approval and differentiating them from project-specific Conditions of Approval and the status of the Village Inn matter. ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT - None ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES Commissioner Hillgren requested an excused absence for the Planning Commission meeting of February 3, 2016. IX. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 8:12 p.m. to the Planning Commission meeting of February 3, 2016. Page 6 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 1/21/16 The agenda for the Planning Commission meeting was posted on Friday, January 15, 2016, at 11:45 a.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, January 15, 2016, at 10:00 a.m. Kory Kramer, Chair Peter Koetting, Secretary Page 7 of 7 Planning Commission - February 3, 2016 Item No. 1a Additional Materials Received Draft Minutes of January 21 , 2016 Feb. 3, 2016, Planning Commission Agenda Item Comments Comments on Newport Beach Planning Commission regular meeting agenda item submitted by: Jim Mosher( jimmosher(a)yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 1. MINUTES OF JANUARY 21, 2016 Suggested changes to the draft minutes passages in italics are indicated in strikeout underline format. Page 3, paragraph 1: "In response to Secretary Koetting's question, Associate Planner Nova reported there is currently a reciprocal access agreement and this arrangement will continue." Page 4, Item 5, paragraph 1: "The project continues efforts to revise revitalize Lido Marina Village and Assistant Planner Whelan addressed CEQA exemptions." Page 5, paragraph 4 from end: "Additionally, he expressed concerns that this may be a "Trojan Horse"which will be converted to an a Type 47 alcohol-serving establishment, in the future."