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HomeMy WebLinkAbout02/03/2016 - Planning Commission CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers —100 Civic Center Drive Thursday, February 3, 2016 SPECIAL 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 Kramer III. ROLL CALL PRESENT: Brown, Kramer, Koetting, Lawler,Weigand, Zak ABSENT(Excused): Hillgren Staff Present: Deputy Community Development Director Brenda Wisneski; Assistant City Attorney Michael Torres; City Traffic Engineer Tony Brine; Newport Beach Police Sergeant Rachel Johnson; Police Civilian Investigator Wendy Joe; Planning Program Manager Patrick Alford; Administrative Support Specialist Jennifer Biddle;Administrative Support Technician Traci Mackinen IV. PUBLIC COMMENTS Jim Mosher spoke regarding Item No. 4 (Review of policy related to submittal of written comments and documents) and hoped that when the item comes up, the Commission will invite public comments. Additionally, he pointed out that at the last City Council meeting, the Mayor requested that Council consider the possibility of televising Planning Commission meetings so that they will be seen by a wider audience. V. REQUEST FOR CONTINUANCES- None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF JANUARY 21,2016 Recommended Action: Approve and file Since Commissioner Hillgren is absent and Commissioner Zak, Vice Chair Brown and Chair Kramer were absent on January 21, 2016, and were not able to listen to the meeting audio, there was no quorum for approval of the January 21, 2016, meeting minutes. Therefore, this item was continued to the next, regularly scheduled meeting of the Planning Commission. Motion made by Chair Kramer and seconded by Vice Chair Brown to continue approval of the January 21, 2016, meeting minutes to the next regularly-scheduled Planning Commission meeting. AYES: Brown, Kramer, Koetting, Lawler,Weigand, Zak ABSTAIN: None ABSENT: Hillgren VII. PUBLIC HEARING ITEMS ITEM NO.2 NEWPORT DUNES RESORT SPECIAL EVENTS (PA2015-084) 1131 Back Bay Drive Vice Chair Brown reported that he serves as the Chair of the Board of Directors for the Foundation that puts on the Lobster Fest each year at the Dunes, he recused himself from hearing this matter and departed the Chambers. Planning Program Manager Patrick Alford provided details in a PowerPoint presentation. He addressed the Special Events application process and its intent and location of the project. He presented a proposed Conditional Use Permit (CUP) that would require a Special Event Permit for Level 1 events on an interim basis Page 1 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/3/16 until there is an amendment to Title 11 of the Municipal Code to clarify that such events can be exempted through the CUP process. He added that the project includes a noise-mitigation program, which will be addressed later. Planning Program Manager Alford addressed surrounding uses, site plan, government of special events, in general, number of permits issued last year, classifications of special events, location of special events at the Dunes, increase in the number of special events, size of events, new categories of special events and when they would occur, sound curfews, sound mitigation protocol, the CEQA exemption and findings. He introduced the City's Noise Consultant, Gary Hardesty, and deferred to him for a report. Gary Hardesty, the City's noise consultant, Sound Media Fusion, provided information on his experience and qualifications as well as a report of his findings relative to noise in connection with the Dunes Resort. He addressed where sound was monitored from, changes made as a result of his studies, and recommendations. In reply to Chair Kramer's inquiry, Mr. Hardesty addressed potential locations of sound barriers. In terms of who monitors the sound during events, Planning Program Manager Alford reported that for large events, Mr. Hardesty would be on-site and would report to the City. A Dunes Resort employee, trained by Mr. Hardesty, would monitor noise for smaller events, in most cases. Mr. Hardesty reported that prior to every event; he will be involved with the Dunes Resort to ensure that he is in agreement with the type of sound equipment being used. All of the sound equipment will be provided, based on Mr. Hardesty's design, by the Dunes Resort and, he listed his on-going scope of work. Chair Kramer opened the public hearing and invited the applicant to address the Planning Commission. Andrew Theodorou, Vice President and General Manager of the Newport Dunes, reported working with staff and Mr. Hardesty to develop a plan to mitigate sound. He commented positively about having Mr. Hardesty on the team to help manage sound for special events. In reply to Commissioner Koetting's question, Mr. Theodorou reported on the number of special events held during the last few years and stated there will be no more than 500 events held in one year. He added that the majority of events are not noisy and provided examples of amplified sound events. In response to Commissioner Zak's question, Mr. Theodorou reported that the Dunes is an event center and has the infrastructure for large events. Mr. Theodorou noted that they want to grow and get back to where the Dunes Resort was prior to the recession. Discussion followed regarding the need to obtain a special event permit for each event. Deputy Community Development Director Wisneski reported that the purpose of the Conditional Use Permit is to eliminate the need for a special event permit for Level 1 events. In response to Chair Kramer's question as to why this was not addressed previously, Planning Program Manager Alford explained that the City has been approached by members of the surrounding residential areas asking the City to address the noise issue. He stated that it was determined that the best way to handle the matter was to have a protocol addressing all levels of events to ensure that the City's noise ordinance is adhered to. Mr. Theodorou stated they want to be good neighbors and will work with the City to ensure that everyone is happy. Gail Jones, Dover Shores, reported that sound from the Dunes, has increased, over the years. She stated that loud speakers can be heard, even during small events, and felt there should be a limit on the number of events allowed. She opined that every event should have a permit as it would allow for a review and monitoring of the event. Ms. Jones commented on the impacts to her every-day life, especially during the summer. Additionally, she stated that if residents cannot enjoy their own property, the City is not concerned with the interests of its residents and that they already are burdened with the noise from the airport. Page 2 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/3/16 Jim Mosher referenced his written comments and asserted that the Planning Commission does not have the authority to approve what it is being asked to approve at this time. He referenced Chapter 11.3 of the Municipal Code noting it was specifically enacted to regulate the Special Event permitting process at the Dunes and similar venues. He added that it enacted a system of pre-event planning rather than post-event reporting. He referenced Finding B of the Resolution and reiterated that the Commission cannot make that finding. Ron Weinstein, President of Dover Shores Home Owners Association, stated that the number of events should be more realistic and tolerable than the stated allowance of 514 events. He asserted that there is no Code Enforcement and no noise monitoring for Level 1 events. For Level 2 events, there is limited Code Enforcement and no noise monitoring. He suggested bringing the Dunes, the community and the City to the table to develop a plan that works for everyone. He believed that all amplified sound applications should be required to have Code Enforcement and noise monitoring and commented on the amount of money and effort given to airport noise, adding that the same should be given to this matter. In response to Chair Kramer's question, Mr. Weinstein reported meeting with the applicant, many times. He added that he does not think the matter is at a point of decision-making as there is still much to be worked out. Discussion followed regarding monitoring noise for events with 5,000 people or more. Planning Program Manager Alford clarified that Table 1 reflected the current practice of the Recreation and Senior Services Department and shows the establish criteria for the three levels of events. They only require noise monitoring for very large events (over 5,000 people). One of the factors in determining if an event is a Level 3 event is whether noise monitoring is required. The proposed CUP would require noise monitoring for all events, either by the City Consultant or Dunes personnel, for smaller events. In response to Commissioner Zak's inquiry, Planning Program Manager Alford clarified what is existing (current practice)and what is proposed in terms of noise monitoring for the various levels of events. In response to Commissioner Weigand's inquiry, Mr. Weinstein stated his residence street and reported he represents 110 homes. Mr. Theodorou confirmed meeting with Mr. Weinstein a number of times, including a couple of town hall meetings,with staff, where a reduction in the 0-500 events was discussed and a program was developed. At Chair Kramer's request, Deputy Community Development Director Wisneski suggested another way of explaining the various levels of events and the noise monitoring required at each level. She added that it has been discussed, as part of this presentation. Assistant City Attorney Michael Torres suggested continuing with the public hearing and if the Planning Commission still has questions,the item can be continued to a subsequent meeting. Tim Shields spoke in support of the Dunes Resort and reminded everyone of the economic benefits to the City, provided by the Dunes. He listed his experience holding fundraisers and other events at the Dunes and noted that the activities there are important to the community. He added that the Dunes has highly-qualified sound engineers, that the number of events equate to one or two a day, many of those events don't generate much sound, and hoped that the Commission will consider the efforts of the Dunes to mitigate noise. Steve Ray, representing Bayside Village Residents Committee, reported that sound is a big issue and expressed appreciation to the City and Mr. Hardesty, to address the matter. He suggested that sound should be considered separately from the permit issue. He reported there are other issues to be considered and referenced Mr. Mosher's comments noting that their interpretation of the matter is the same as Mr. Mosher's in terms of the Planning Commission's ability to effect a change. He added that a legislative change would be necessary and that this Commission does not have that jurisdiction. He expressed concerns with increasing the number of allowed events and the categorical exemption of the environmental review. Mr. Ray noted there are other impacts, such as traffic, that additional events would create and which have not been studied, and felt that the issue is inconsistent with Title 20. Page 3 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/3/16 In response to Commissioner Lawler's inquiry regarding the Planning Commission's ability to vote on this matter, Assistant City Attorney Torres noted agreement with Mr. Mosher's comments and reported that staff has been working on it and issued a revised recommendation. He added that along with the Planning Commission's actions, there would be a legislative action by the City Council which will be considered during Council's second meeting in February, to allow for special events to be conditioned through a CUP. Chair Kramer asked regarding the CEQA exemption and Deputy Community Development Director Wisneski reported reviewing the matter and that staff feels it is the appropriate exemption on the basis that the facility is adequate in its size to accommodate the number of proposed events. She reported that she does not see inconsistencies in the staff report but she would be happy to meet with Mr. Ray, after the meeting, to clarify them. Steve Rosansky, President, Newport Beach Chamber of Commerce, agreed with Chair Kramer that it does not make sense to issue a Special Event Permit for every single amplified-sound event that happens at the Dunes and that the CUP process is the way to handle the matter. He noted that there is no change in terms of the need to comply with the City's sound ordinance. He added that the Dunes could have an unlimited number of events and that they are doing the City a favor by putting a cap on it. Mr. Rosansky asserted that the Use Permit provides consistency in the requirements, establishes time limits and noise limits, and requires noise mitigation and monitoring through the City-paid consultant. He encouraged the Commission to support the proposal. Seychelle Cannes expressed concerns about the size of events that will take place at the Dunes as well as increased traffic on Bayside Drive. Craig Batley commented on his experience attending events at the Dunes and spoke in support of the venue. He commended the City for hiring the experienced consultant to mitigate sound. He referenced nearby residential areas and noted that property owners moved there with knowledge of the Dunes. He encouraged the Commission to approve the proposed program. Bill Rhinesmith commented on his experience attending events at the Dunes. He stated that the proposal is largely an administrative efficiency proposal and encouraged the Commission to approve the proposal. Marie Case commented on her experience holding and attending events at the Dunes and encouraged the Commission to support the CUP to streamline the process for them. She added that many of their events are over early in the evening and that the Dunes has been a good neighbor and has taken great strides to study the noise issue and mitigate the sound. She urged the Commission to approve the CUP. Dorothy Larson commented on the various levels of events and urged the Commission to consider the details and that the Dunes is not considering a large number of big events that would contribute to noise. She added that the Dunes has been a great contributor to the community and noted that many of the events are charity fundraisers. She reported that the CUP increases efficiency and urged the Commission to approve the CUP. Jerry Tiery spoke in support of the Dunes and commented on his experience attending and holding events there. He urged the Commission to approve the CUP. Jeff Teller spoke in support of the Dunes and urged the Commission to approve the CUP. He noted that the Dunes is a tremendous community asset and commented positively on the qualifications of Mr. Hardesty. Mr. Theodorou expressed appreciation for the various positive comments and the Commission's consideration. Chair Kramer closed the public hearing. In reply to Commissioner Weigand's inquiry, Planning Program Manager Alford reported that the City has a contract with the sound consultant and the applicant covers the cost. The CUP addresses the matter and each event is considered in terms of the necessary equipment and monitoring and is controlled by the City's consultant for larger events and Dunes staff for smaller events. Discussion followed regarding community outreach, notifying residents of neighborhood forums and meetings, Page 4 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/3/16 notification requirements, cost of a special event permit, other venues in the City that have a lot of special events,the possibility of this matter setting a precedent, and the uniqueness of the Dunes. Commissioner Zak commented on the CEQA exemption and noted that the Dunes is a unique amenity for the City. He spoke in support of streamlining the permit process and commented on the Conditions of Approval and on noise mitigation and traffic. He expressed concerns regarding noise monitoring and stated there are still a number of unclear issues. In reply to Commissioner Koetting's question, Planning Program Manager Alford addressed existing sound attenuation and reported that presently, permits are considered on an application by application basis. If a potential for increased noise levels is present, the City would require outside noise monitoring and same would be placed as a condition of the Special Events Permit. Commissioner Koetting confirmed that the proposed process would improve the current practice in terms of noise monitoring. Planning Program Manager Alford stated that staff tried to address worst-case scenarios. Commissioner Lawler commented on the noise study and expressed support for the proposed program and reducing bureaucracy in the process. He expressed concerns regarding noise and traffic and asked for clarity in terms of noise attenuation proactive and reactive measures as well as what happens with traffic during multiple events at one time. City Traffic Engineer Tony Brine reported that the Conditions of Approval touch on traffic control, provide for advance notice of the events and would determine if traffic control is necessary, as part of those events. Commissioner Weigand suggested a brief recess to allow staff to respond to the stated traffic concerns. RECESS/RECONVENE Chair Kramer called for a recess at 8:05 p.m. so that staff could complete work and draft additional language for the proposed approvals. Chair Kramer reconvened the meeting at 8:16 p.m. with all Commissioners present except Commissioner Brown (recused)and Commissioner Hillgren (absent). City Traffic Engineer Brine reported that Condition 3D addresses traffic control in Level 1 projects and determines whether traffic control is necessary. Regarding Levels 2 and 3, they would be reviewed under the current permit application process. For larger, Level 3 events, traffic control is always necessary and the City would work with the event coordinator regarding same. He addressed the number of trips and explained a typical traffic analysis that would be performed. He addressed parking and queuing as impacts that have been seen. In response to Commissioner Zak's question, Deputy Community Development Director Wisneski suggested modifying Condition No. 6, that the City would assess concurrent events to determine whether traffic control measures are required. She provided a revised table that helped clarify the proposed levels of special events and their respective requirements. Discussion followed regarding giving the applicant the option of the City conducting noise-monitoring during Level 1 events. The applicant agreed with the proposed changes. Deputy Community Development Director Wisneski addressed the noise control protocol and highlighted the changes of the revised Resolution. Commissioner Zak commented on the CEQA exemptions and suggested modifying Finding 3, Section 2, adding that there is currently no limitation on the number of events per year, at the project site. Page 5 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/3/16 Assistant City Attorney Torres agreed. Deputy Community Development Director Wisneski also suggested deleting Finding B3. Motion made by Commissioner Lawler and seconded by Commissioner Zak to adopt Resolution No. 2009 approving Conditional Use Permit No. UP2015-021, incorporating the changes discussed above. AYES: Kramer, Koetting, Lawler,Weigand, Zak RECUSED: Brown ABSENT: Hillgren Chair Kramer stated this matter should not have had been better presented by both staff and the applicant. It should not have taken over two hours and required a recess for staff to complete their work.He suggested to the applicant that a consultant should have been engaged to assist the applicant in presenting the application more clearly and concisely. Vice Chair Brown returned to the Chambers and took his place on the dais. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 3 MOTION FOR RECONSIDERATION - None ITEM NO.4 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Deputy Community Development Director Wisneski referenced the Commission's Tentative Agenda and listed items to be considered by Council at upcoming meetings, including the appeal of the Planning Commission's approval regarding the Balboa Bay Marina Restaurant. She addressed the Streetscape Master Plan project noting that it will be presented to the Commission on February 18th. 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 and is making progress on this matter. The application is close to being declared complete. The hearing for his item is being targeted for May. 2. Update on City Council Items— None 3. Review of policy related to submittal of written comments and documents Deputy Community Development Director Wisneski reported providing draft language reflective of City Council's policy regarding submittal of written comments and documents. She addressed the process and asked for the Commission's approval. At Chair Kramer's request, Deputy Community Development Director Wisneski provided an update on Mariners Mile. City Traffic Engineer Brine commented on alternatives to be brought into the Land Use Study and explained each, briefly. ITEM NO. 5 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT- None ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES Commissioner Lawler requested an excused absence for the Planning Commission meeting of February 18, 2016. Page 6 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/3/16 lK ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 8:35 p.m. to the Planning Commission meeting of February 18, 2016. The agenda for the Planning Commission meeting was posted on Friday, January 29, 2016, at 1:45 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, January 29, 2016, at 2:00 p.m. Kory Krame , Jr Pet r Koetti , Secre ry Page 7 of 7