HomeMy WebLinkAbout07/11/2016 - Planning Commission CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES
Council Chambers - 100 Civic Center Drive
Monday, July 11, 2016
REGULAR MEETING
6:30 p.m.
I. CALL TO ORDER-The meeting was called to order at 6:30 p.m.
II. PLEDGE OF ALLEGIANCE—Chair Kramer
III. ROLL CALL
PRESENT: Chair Kory Kramer, Secretary Peter Koetting, Commissioner Bill Dunlap, Commissioner Bradley
Hillgren, Commissioner Ray Lawler, Commissioner Erik Weigand, Commissioner Peter Zak
Staff Present: Community Development Director Kim Brandt; Assistant City Attorney Michael Torres; Deputy
Director Brenda Wisneski; Assistant Planner Jason Van Patten; Administrative Support Technician Traci
Mackinen; Police Civilian Investigator Wendy Joe;Administrative Support Specialist Jennifer Biddle
IV. ELECTION OF OFFICERS
1. ELECTION OF OFFICERS
1. The Commission will elect officers to serve for the year
• Chair
• Vice Chair
• Secretary
Motion made by Commissioner Hillgren and seconded by Commissioner Weigand to nominate Kory Kramer as
Chair, Peter Koetting as Vice Chair and Peter Zak as Secretary.
AYES: Dunlap, Hillgren, Kramer, Koetting, Lawler,Weigand, Zak
NOES: None.
ABSTAIN: None.
ABSENT: None.
Deputy Director Wisneski welcomed Commissioner Dunlap.
RECESS
Chair Kramer called a recess at 6:34 p.m. The meeting reconvened at 6:47 p.m. with all Commissioners
present.
2. Appoint three Commissioners to the General Plan/LCP Committee
• Chair to appoint one additional member, and confirm or replace existing appointments
o Existing Appointments:
➢ Kory Kramer
➢ Peter Koetting
➢ Brad Hillgren
Chair Kramer suggested retaining the existing appointments.
V. PUBLIC COMMENTS
Jim Mosher discussed the importance of attendance at meetings by the commissioners. He discussed
the application and appointment process and Vice Chair Brown's attendance.
VI. REQUEST FOR CONTINUANCES—None.
VII. CONSENT ITEMS
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NEWPORT BEACH PLANNING COMMISSION MINUTES 7/11/16
2. MINUTES OF JUNE 23, 2016
Recommended Action: Approve and file
It was noted that written corrections to the minutes were submitted by Chair Kramer and Jim Mosher.
Motion made by Vice Chair Koetting and seconded by Commissioner Weigand to approve and file the minutes
of the Planning Commission meeting of June 23, 2016, as amended.
AYES: Hillgren, Kramer, Lawler, Koetting,Weigand, Zak
NOES: None,
ABSTAIN: Dunlap.
ABSENT: None.
VIII. PUBLIC HEARING ITEMS
3. THE CANNERY(PA2015.201)
Site Location: 3010 Lafayette Avenue, Cannery Village
Chair Kramer questioned why the matter was before the Planning Commission.
Deputy Director Wisneski explained that the item was approved by staff as being in substantial
conformance with the previous use permit. Upon Director's review, it was determined that there
had been an operational change to the business.
Assistant Planner Van Patten presented a PowerPoint explaining the proposed project.
In response to Vice Chair Koetting, Assistant Planner Van Patten stated the parking was based
on seat count, one space per three seats. Vice Chair Koetting questioned the outdoor seating.
Assistant Planner Van Patten stated 57 outdoor seats were authorized and 44 were proposed.
Commissioner Dunlap requested clarification on hours of operation. Assistant Planner Van
Patten stated the restaurant could remain open until 11 pm.
Vice Chair Koetting asked if the currently proposed conditions superseded the prior approval.
Assistant Planner Van Patten acknowledged that the prior approvals would be superseded.
Chair Kramer opened the public hearing.
Ron Salisbury, applicant, explained the purpose for closing at 11 p.m. He provided historical
background on the restaurant and efforts to change the clientele. He stated there was no intent
to sell additional alcohol.
Alex Aria, of Robinson Hill Architecture, discussed efforts to increase and maximize outdoor
seating. Assistant Planner Van Patten stated the condition of approval allowed for 57 seats
outdoors. Mr.Arie asked if interior seating could be reduced to allow additional outdoor seating.
Deputy Director Wisneski suggested the possibility of flexibility in the conditions to allow staff to
evaluate the seating count and parking spaces in conjunction with Building Codes.
Jim Mosher asked whether live entertainment was allowed indoors, citing a condition that
specifically prohibited live entertainment outdoors.
Deputy Director Wisneski stated live entertainment was not permitted throughout the premise
and explained that the condition as written had been carried over from a prior use permit.
Chair Kramer closed the public hearing.
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NEWPORT BEACH PLANNING COMMISSION MINUTES 7/11/16
Commissioner Hillgren suggested Condition No. 10 allow a maximum of 75 outdoor seats,
provided the total number of seats did not exceed 273.
Deputy Director Wisneski suggested the condition establish a maximum outdoor limit of 57
seats unless a reduction in indoor seating offsets the increase, subject to approval of the
Community Development Director.
Commissioner Hillgren suggested identifying a maximum of 75 outdoor seats.
Motion made by Commissioner Hillgren and seconded by Vice Chair Koetting to adopt Resolution No. 2021
approving Conditional Use Permit No. UP2016-032, as amended.
Commissioner Hillgren clarified that no live entertainment was allowed.
Vice Chair Koetting suggested they get parking credit for boats.
Secretary Zak suggested allowing flexibility in outdoor seating, stating that he was accepting of
the condition being silent on a cap of 75 outdoor seats.
Commissioner Weigand asked if the Commission could modify the condition regarding outdoor
seating. He stated he brought it up only because it would impact the community having more
people dining outside and it had not been specifically noticed.
In response to Commissioner Weigand, Assistant City Attorney Torres stated the seating was
capped at 273 and the overall outdoor seating had to be an offset subject to review by City
departments. He stated the notice was appropriate and the Commission had the opportunity to
change conditions recommended by staff.
AYES: Dunlap, Hillgren, Kramer, Koetting, Lawler,Weigand, Zak
NOES: None.
ABSTAIN: None.
ABSENT: None.
IX. NEW BUSINESS
ITEM NO.4 CODE AMENDMENT FOR SETBACK MAPS S-3A AND S-313 (PA2016-066)
Site Location: 203 Via Ithaca, 300, 328, 332, 335, 408, 412, 416 Piazza Lido
Deputy Director Wisneski explained that code amendments are usually taken to City Council
for initiation but that the Zoning Code does allow the Planning Commission to initiate such
applications. She indicated that it was brought to Planning Commission for the purpose of
streamlining the process and reducing the City Council agenda.
Assistant Planner Van Patten presented a PowerPoint explaining that the proposed Code
Amendment would affect 8 properties on Lido Isle. He indicated that it would specifically
address mapping errors on setback maps and addressed the purpose of setback maps.
Vice Chair Koetting asked how these properties were overlooked and whether any of the
properties were built in the setback.
In response to Vice Chair Koetting,Assistant Planner Van Patten explained that the lots are
oriented differently from the rest of the block, which likely led to the mapping errors. He
explained that the properties were built correctly, the maps just needed to be updated.
Commissioner Lawler asked how this error was discovered.
In response to Commissioner Lawler,Assistant Planner Van Patten explained that staff noticed
the error at the public counter when researching one of the properties.
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NEWPORT BEACH PLANNING COMMISSION MINUTES 7/11/16
Chair Kramer opened the public hearing. There being no public speakers, Chair Kramer closed
the public hearing.
Motion made by Chair Kramer and seconded by Commissioner Dunlap to initiate an amendment to Setback
Maps S-3A and 5-36 to correct setbacks for eight properties on Lido Isle, consistent with historic maps.
AYES: Dunlap, Hillgren, Kramer, Koetting, Lawler,Weigand, Zak
NOES: None.
ABSTAIN: None.
ABSENT: None.
X. STAFF AND COMMISSIONER ITEMS
ITEM NO. 5 MOTION FOR RECONSIDERATION—None.
ITEM NO. 6 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
1. Update on the General Plan/Local Coastal Program Implementation Committee
Deputy Director Wisneski stated the subcommittee would have a lengthy list of issues to
review.
2. Update on City Council Items
Deputy Director Wisneski stated a discussion of 150 Newport Center, the La Jolla
Variance appeal for reconsideration, and consideration of the West Newport Mesa
Streetscape Master Plan were planned for the July 21, 2016 meeting. She stated the
second hearing for review of project details with the opportunity to take action on the
150 Newport Center project and a use permit for a tutoring facility and AutoNation
were scheduled for August 4, 2016. She stated the Museum House study session
was scheduled for August 18, 2016.
Chair Kramer suggested the Museum House EIR be distributed by the end of July.
Commissioner Weigand requested starting the Planning Commission meetings with large
projects on the agenda at an earlier time of 5:30 p.m.
Deputy Director Wisneski stated the tentative agenda schedule was subject to change
but a useful tool for anticipating upcoming larger projects. She explained the scope of the
AutoNation project.
Vice Chair Koetting asked if the public had commented on the 150 Newport Center
project EIR and whether the conditions would change. Deputy Director Wisneski stated
the consultant and staff were finalizing the responses to comments. She stated the
responses would not be completed by the July 21, 2016 Planning Commission meeting
but there were not any environmental impacts not already identified.
Vice Chair Koetting asked if the project was proceeding too quickly. Deputy Director
Wisneski stated staff was encouraging reduction in height for consideration by the
Planning Commission. Vice Chair Koetting stated it seemed to be moving forward too
quickly.
ITEM NO.7 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
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NEWPORT BEACH PLANNING COMMISSION MINUTES 7/11/16
Commissioner Hillgren indicated he would be absent on August 4, 2016.
Secretary Zak indicated he would be absent on July 21, 2016.
Commissioner Lawler indicated he would be absent on August 4, 2016.
Xl. ADJOURNMENT
There being no further business to come before the Planning Commission, the meeting was adjourned at
7:30 p.m. to the Planning Commission meeting of July 21, 2016.
The agenda for the Planning Commission meeting was posted on Wednesday, July 6, 2016, at 4:16 p.m. in
the Chambers binder, on the digital display board located outside the vestibule of the Council Chambers at
100 Civic Center Drive and on the City's website on Wednesday, July 6, 2016, at 4:23 p.m.
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