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HomeMy WebLinkAbout2.0_Draft Minutes_06-18-2020 1 of 9 NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, JUNE 18, 2020 REGULAR MEETING – 6:30 P.M. I. CALL TO ORDER – The meeting was called to order at 6:32 p.m. II. PLEDGE OF ALLEGIANCE – Secretary Lowrey III. ROLL CALL PRESENT: Chair Peter Koetting, Vice Chair Erik Weigand, Secretary Lee Lowrey, Commissioner Curtis Ellmore, Commissioner Sarah Klaustermeier, Commissioner Lauren Kleiman ABSENT: Commissioner Mark Rosene Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, Police Civilian Investigator Wendy Joe, Battalion Chief Nic Lucas, Senior Engineer Peter Tauscher, Associate Planner Chelsea Crager, Associate Planner Liz Westmoreland, Administrative Support Specialist Clarivel Rodriguez, Administrative Support Technician Ketshy Palencia IV. PUBLIC COMMENTS Jim Mosher hoped the Community Development Director would provide a status report regarding the City's Housing Element Update. V. REQUEST FOR CONTINUANCES Deputy Community Development Director Jim Campbell reported the applicant requests a continuance of Item No. 3 to July 9, 2020, in order to conduct additional outreach with neighbors. VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF JUNE 4, 2020 Recommended Action: Approve and file Motion made by Vice Chair Weigand and seconded by Commissioner Klaustermeier to approve the minutes of the June 4, 2020, meeting with the edits suggested by Mr. Mosher. AYES: Koetting, Weigand, Ellmore, Klaustermeier, and Kleiman NOES: ABSTAIN: Lowrey ABSENT: Rosene VII. PUBLIC HEARING ITEMS ITEM NO. 2 BAJA SHARKEEZ REMODEL (PA2017-255) Site Location: 110 and 114 McFadden Place Summary: A conditional use permit and coastal development permit to allow modifications to an existing food service eating and drinking establishment, Baja Sharkeez, with late hours of operation with a Type 47 (On Sale General Eating Place) Alcoholic Beverage Control license. The existing and adjacent restaurant space at 110 McFadden (formerly Sol Grill) would be remodeled to serve as a new dining area for the existing Baja Sharkeez restaurant at 114 McFadden Place. The gross floor area of the buildings will not increase. The applicant requests a change to the hours of operation to allow breakfast service starting at 9 a.m. The project includes a continuation of historical parking waivers. Planning Commission Minutes June 18, 2020 2 of 9 Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2020-021 approving Conditional Use Permit No. UP2017-034 and Coastal Development Permit No. CD2019-054. Associate Planner Liz Westmoreland reported the application includes a conditional use permit to allow the operation of a restaurant with late hours and alcohol service; a coastal development permit to allow slight intensification of the use; and a continuation of historical parking waivers. The site is located in McFadden Square, where other restaurants operate with alcohol service and late hours. A building with two suites, one of which houses Baja Sharkeez, and a parking lot with about 10 parking spaces are located on the site. Baja Sharkeez has chosen to lease the second suite for additional dining room space. The applicant does not propose any physical changes to the existing Baja Sharkeez space. A door will be added to allow ingress and egress between the two suites. The applicant proposes to remodel the vacant suite to provide an open-air environment with a retractable roof and folding windows. Because of the aggregate occupancy, the applicant is required to implement a sprinkler system. The applicant will upgrade the bathroom to comply with accessibility requirements and provide an accessible parking space at the rear of the building. Staff from the Community Development Department, the Building Division, and the Public Works Department have developed a parking configuration that provides 10 parking spaces. Associate Planner Westmoreland continued to explain that the existing use permit for Baja Sharkeez is out of date and was intended for a bar or night club operation rather than a full-service restaurant. Baja Sharkeez is allowed to operate from 11 a.m. to 2 a.m. daily and to offer live entertainment and dancing. The net public area is limited during the daytime. Baja Sharkeez operates with a Type 47 Alcoholic Beverage Control (ABC) license. The use permit for the vacant suite allows the operation of a take-out business from 11 a.m. to 11 p.m. daily with a Type 41 ABC license. Through this application, staff can modernize the conditions of approval for the use permit and align ABC conditions with the use permit. The Type 47 ABC license will be expanded to the vacant suite. The applicant proposes to serve breakfast beginning at 9 a.m., and staff has proposed conditions of approval for the request. Proposed operational changes include breakfast service beginning at 9 a.m., the original Baja Sharkeez's closure at 1:30 a.m., the expanded space closure at 11 p.m., full use of interior space during the day, and a waiver of one parking space. The applicant is required to continue paying in-lieu parking fees for the spaces previously waived. Conditions prohibit bottomless mimosas, free refills of alcoholic beverages, live entertainment and dancing, and require a one-year review, the parking lot to be cleaned up, and all doors/windows/roof to be closed by 9 p.m. Staff has agreed to the applicant's proposed changes to the conditions to allow alcohol service between 9 a.m. and 11 a.m. on weekends and certain holidays listed in a revised condition. In response to Chair Koetting's questions, Associate Planner Westmoreland advised that staff has agreed to allow alcohol service during breakfast on certain holidays and to allow minor changes to Conditions of Approval Nos. 42 and 55. Police Civilian Investigator Wendy Joe added that the Police Department agreed to allowing morning alcohol service on specific holidays. In answer to Vice Chair Weigand's inquiries, Associate Planner Westmoreland indicated smoking would be allowed because the outdoor area has no ceiling or walls when opened, but a condition of approval could be added to prohibit smoking. ABC will review the application and staff's proposed conditions. Some floor area has been lost due to the requirement for the entry door to swing into the building. Regardless of the configuration of tables and chairs, Baja Sharkeez will be required to maintain the occupancy per the use permit and the operator's license. A condition of approval from the Police Department requires Baja Sharkeez to maintain a certain percentage of tables and chairs for dining. The Planning Commission may increase the percentage if it wishes. Police Civilian Investigator Joe added that the condition is part of the ABC license, and the Police Department utilized the same percentage. The applicant is required to maintain a restaurant environment during mealtimes because of the Type 47 license. Per ABC, mealtimes end at approximately 9 p.m. The Commission must determine whether Baja Sharkeez should offer a restaurant or club environment after 9 p.m. Occupancy during the summer months is always a concern for the Police Department. Changing Planning Commission Minutes June 18, 2020 3 of 9 the closing time from 2 a.m. to 1:30 a.m. is not a real change. For other bars, the Police Department considers the closing time for the total environment rather than a portion of the environment. In reply to Commissioner Kleiman's query, Associate Planner Westmoreland indicated that four bars and 21 restaurants in the McFadden Square area have alcohol privileges. Restaurants with a patio, an opening, and a rooftop can operate until 9 p.m. and some as late as midnight. Several restaurants in the vicinity of Baja Sharkeez have similar operating hours, and some can operate until 2 a.m. In response to Commissioner Ellmore's inquiries, Associate Planner Westmoreland stated the two suites are located on one legal lot. She was not aware of Baja Sharkeez's lease agreements. Should Baja Sharkeez release the new space in the future, the Type 47 license will remain with the licensee. A new tenant, other than Baja Sharkeez, in the vacant suite will need a new use permit. The proposed use permit is specific to Baja Sharkeez's proposed business model. Vice Chair Weigand disclosed communications with staff. Remaining Commissioners disclosed no ex parte communications. Chair Koetting opened the public hearing. Greg Newman, applicant representative, described the new space as an extension of the current space but with a significantly different feel. The purpose of the Sol Room is to increase food sales and consumption and to provide a higher level of service in a subdued and relaxed atmosphere. The new space is small. Baja Sharkeez holds a master lease for both suites. After the kitchen closes, about 25 percent of furniture is removed from the original Baja Sharkeez to prevent customers from bumping into each other. Code Enforcement checks Baja Sharkeez's occupancy every few weeks. Ron Newman, applicant representative, believed remodeling the space will help other businesses improve their operations. Baja Sharkeez's operations will change in response to the health emergency. Furniture cannot be moved from the new space into the old space because the old space already has furniture. In reply to Chair Koetting's questions, Ron Newman indicated one kitchen will serve both suites. Remodeling the restaurant will include improving the parking and trash area. Greg Newman explained that the patio's glass doors slide closed and lock. One side will contain an emergency exit. The retractable roof is made of a heavy plastic, operates by remote control, forms a water-tight seal, and provides sound attenuation. There will not be any live entertainment to increase the noise level. Baja Sharkeez was remodeled about five years earlier, and the new space is intended to be different from the original space. In answer to Commissioner Kleiman's query, Greg Newman advised that the new space is intended to be a restaurant environment and will close at 11 p.m. Baja Sharkeez is not a club. People visit Baja Sharkeez to dine, enjoy happy hour, and watch sports during the day. After 10 p.m., Baja Sharkeez is a social gathering space. Ron Newman noted Baja Sharkeez will not be able to offer live entertainment and dancing if the Planning Commission approves the use permit. The new space will not offer live entertainment or dancing. The primary benefit of approving the application is alcohol service in the new space. Greg Newman stated Baja Sharkeez does a tremendous food business and focuses on food first. Alcohol sales are needed for the business to make a profit. In response to Secretary Lowrey's inquiry, Greg Newman indicated music is preprogrammed for the hours after 10 p.m. The emphasis is not on dancing but on social gathering. The applicant is willing to forego dancing and live entertainment in order to create a diverse operation. In reply to Commissioner Ellmore's questions, Greg Newman explained that Baja Sharkeez is self-service. Staff provides a menu and directs customers to sit where they choose. Customers order at the counter, and staff brings the orders to the tables. Customers can help themselves to the chips and salsa bar. Ron Newman indicated the person working the service bar will likely greet and seat customers in the new space. Wait staff will take care of customers at their tables. Customers will access the new restaurant through Baja Sharkeez. Greg Newman added that the new space will close at 11 p.m., and guests will move to Baja Sharkeez or exit Planning Commission Minutes June 18, 2020 4 of 9 through Baja Sharkeez. The manager will monitor occupancy in Baja Sharkeez as customers leave the new space. On Friday and Saturday nights, Baja Sharkeez's occupancy changes rapidly as people enter and exit. In answer to Vice Chair Weigand's queries, Greg Newman agreed to conditions prohibiting the moving of tables and chairs from Baja Sharkeez into the new space and prohibiting smoking in the new space. Baja Sharkeez's ABC license does not allow live entertainment and dancing. The kitchen is open late in order to comply with Condition of Approval No. 42. Chair Koetting closed the public hearing. In reply to Chair Koetting's question, Associate Planner Westmoreland reported the removal of parking spaces at the front of the building is not within staff's purview when reviewing the application since they are located offsite on public property. Staff can explore the issue with the Public Works Department. Chair Koetting noted the difficulty and risk of vehicles backing into traffic. In answer to Commissioner Kleiman's queries, Associate Planner Westmoreland indicated several restaurants and bars in the vicinity serve alcohol during hours similar to and earlier than those proposed in the application. Staff has proposed additional conditions on alcohol service between 9 a.m. and 11 a.m. The Police Department recommended allowing alcohol service seven days a week. Planning staff proposed further restrictions and compromised by allowing alcohol service on specific holidays. Commissioner Kleiman believed alcohol service beginning in the early morning can be problematic on certain holidays. In response to Vice Chair Weigand's inquiry, Police Civilian Investigator Joe advised that the Police Department does not have a DUI or alcohol-consumption problem between the hours of 9 a.m. and 11 a.m. Commissioner Kleiman noted the new business model will not be fully functional over the summer months such that the Planning Commission's review in a year will not include data for peak times. Deputy Community Development Director Campbell suggested changing Condition of Approval No. 7 to indicate the review will occur one year from the date the operation commences. In this way, data from summer months will be available to the Planning Commission. In answer to Commissioner Klaustermeier's questions, Associate Planner Westmoreland advised that there are no existing openings in the new space where customers may smoke. Customers would have to move to the public area or the rear alley to smoke. Customers are allowed to smoke on the secondary patio at Baja Sharkeez, unless Baja Sharkeez prohibits it. Motion made by Vice Chair Weigand and seconded by Chair Koetting to approve the staff recommendation with the change to Condition of Approval No. 7 and additional conditions of approval prohibiting smoking in the new space and the moving of furniture from the new space to Baja Sharkeez. AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, and Kleiman NOES: ABSTAIN: ABSENT: Rosene ITEM NO. 3 SHELL SERVICE STATION CAR WASH ADDITION (PA2016-093) Site Location: 1600 Jamboree Road Summary: A general plan amendment and conditional use permit to construct an automated car wash in conjunction with an existing service station. A general plan amendment is requested to increase the maximum floor area limit for the site by 1,100 square feet to accommodate the proposed car wash. A conditional use permit is requested to allow the addition of the proposed car wash. This item was continued from the November 8, 2018, Planning Commission hearing. Planning Commission Minutes June 18, 2020 5 of 9 Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In-Fall Development) of the CEQA Guidelines, because it has no potential to have a significant impact on the environment; and 3. Adopt Resolution No. PC2020-023 approving Coastal Development Permit No. CD2019-039 and Site Development Review No. SD2019-002. Deputy Community Development Director Campbell requested the Planning Commission continue the item to July 9, 2020, at the request of the applicant. Commissioners Kleiman, Klaustermeier, Ellmore, and Lowrey and Chair Koetting disclosed no ex parte communications. Vice Chair Weigand disclosed communications with the applicant, residents of Big Canyon, and members of the Big Canyon home owners association. Chair Koetting opened the public hearing. After seeing no one wishing to comment, Chair Koetting closed the public hearing. Motion made by Secretary Lowrey and seconded by Commissioner Kleiman to continue the public hearing to July 9, 2020. AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, and Kleiman NOES: ABSTAIN: ABSENT: Rosene ITEM NO. 4. FIRE STATION NO. 2 (PA2019-098) Site Location: 2807 Newport Boulevard Summary: Site development review and coastal development permit to allow the construction of a new, replacement fire station, including accessory structures and paved parking. The project includes a waiver of the minimum amount of parking lot landscaping and an increase in height of the building up to a height of 32 feet for flat roofs and 34 feet 10 inches for sloped roofs. The project will consist of a two-story, 7,084- square-foot fire station building, including a 4,316-square-foot apparatus bay, a separate 147-square-foot public restroom building, and 10 surface parking spaces behind security gates. Associated with the project is the restriping of existing public parking spaces along 28th Street. The proposed project will replace Fire Station No. 2 currently operating at 475 32nd Street. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In-Fall Development) of the CEQA Guidelines, because it has no potential to have a significant impact on the environment; and 3. Adopt Resolution No. PC2020-023 approving Coastal Development Permit No. CD2019-039 and Site Development Review No. SD2019-002. Associate Planner Chelsea Crager reported the application pertains to the replacement of Fire Station No. 2 located on the Balboa Peninsula. The application includes requests for a height increase, which is the reason the matter is before the Planning Commission, and a coastal development permit. The site is surrounded by restaurants, a dry cleaner, residences, and a public parking lot. Fire Station No. 2 was built in 1953 at 475 32nd Street and rehabilitated in 1980. In 2017, the City Council approved funding to replace the station, and the City purchased the subject property at 2807 Newport Boulevard in 2018. In October 2019, the City Council selected the conceptual design for the fire station. The proposed fire station will have two stories and contain slightly more than 7,000 square feet. The apparatus bays will contain about 7,300 square feet, and 10 secured parking spaces are located on the site. A detached public restroom building will also be located on the site. The project includes a traffic signal and restriping of on-street parking for a net gain of two parking spaces. Access to the apparatus Planning Commission Minutes June 18, 2020 6 of 9 bays will be from 28th Street, and the parking lot will have access to both northbound and southbound Newport Boulevard. Associate Planner Crager went on to indicate the property is located in a Commercial Visitor-Serving (CV) Zoning District, which has height limits of 26 feet for flat roofs and 31 feet for sloped roofs. The applicant requests a height of 32 feet for a flat roof and a maximum height of 34 feet 10 inches for sloped-roof portions. The Site Development Review process allows a request for a maximum height of 40 feet for sloped roofs. The project provides high- quality design, varied roof planes, metal awnings, and other features. The application also requests a deviation from landscaping standards. Parking areas adjacent to public streets are required to have 5-foot perimeter landscaping to separate the parking area from the street. The Community Development Director may waive this standard. Because this is a secure facility and large vehicles will be maneuvering on the site, the applicant proposes to provide a total of 1,820 square feet of landscaping but cannot accommodate the perimeter landscaping. The project does not negatively impact public access but provides two additional street parking spaces and a public restroom. No designated coastal views or coastal view roads are immediately adjacent to the site. The California Environmental Quality Act (CEQA) Class 32 exemption determination was redlined to include the traffic signal. The traffic signal was not originally included in the project description, but staff analyzed it and found the addition of the traffic signal does not change the outcome of the environmental determination. In response to Chair Koetting's questions, Senior Engineer Peter Tauscher advised that the restroom building will be maintained by Public Works maintenance staff. Restroom doors will typically be unlocked for public use. In reply to Commissioner Kleiman's inquiry, Senior Engineer Tauscher indicated public restrooms at the beaches are open 24/7. The doors to the public restroom building will have timed locks that can be programmed to lock at specific times if desired. Secretary Lowrey noted the public restroom building will be similar to the one at the fire station on Balboa Island. The ones on Balboa Island have worked well over the years. In answer to Vice Chair Weigand's queries, Associate Planner Crager explained that the City Council approved the project budget, which included the traffic signal. Senior Engineer Tauscher indicated staff will synchronize the timing of the traffic signal with other signals. Fire personnel can press a button that will cause the traffic signal to stop traffic and allow fire apparatus to exit the site. The traffic signal will have red, yellow and green lights. The traffic signal will increase pedestrian safety. The Traffic Division prefers a red/yellow/green signal in order to maintain this signal and the one at the next intersection. Deputy Community Development Director Campbell added that City Traffic Engineer Tony Brine has evaluated the traffic signal as part of the overall review of the project and did not have any concerns that it would negatively impact traffic circulation. Chair Koetting and Vice Chair Weigand disclosed communications with staff. Commissioners Kleiman, Klaustermeier, Ellmore, and Lowrey disclosed no ex parte communications. Chair Koetting opened the public hearing. Jim Mosher did not find the architecture facing the parking lot attractive. The parcel is zoned CV, but the fire station is neither a commercial use nor primarily intended to serve visitors. The 2017 Director's Determination indicating the fire station is consistent with the CV land use category and CV zone is clearly erroneous. The fire station belongs in a Public Facilities (PF) Zoning District. The City Council should rezone the parcel to PF. Deputy Community Development Director Campbell reported the Director's Determination was prepared by the Director and staff, and the City Council reviewed the Determination. Staff and the City Council believe the project is consistent with the General Plan. In response to Vice Chair Weigand's inquiry, Deputy Community Development Director Campbell advised that the existing Fire Station No. 2 will remain in operation through construction of the new fire station. The City Council will decide the use of the existing site at a later time. In answer to Commissioner Kleiman's inquiries, Battalion Chief Nic Lucas indicated the medic unit at Fire Station No. 2 responds to just over 3,000 calls per year or 10 calls per day. The truck at Fire Station No. 2 responds to Planning Commission Minutes June 18, 2020 7 of 9 about 1,400 calls per year with the engine responding to about 2,700 calls per year. Fire Station No. 2 serves residents and visitors. Bars, beaches, and assisted living facilities are near Fire Station No. 2. Fire Station No. 2 is one of the busiest stations in the City. Most calls occur during the day. On average, two to three calls occur after 10 p.m. In reply to Chair Koetting's query, Battalion Chief Lucas related that the big rig or truck responds to 1,400 to 1,500 calls per year. In response to Vice Chair Weigand's questions, Battalion Chief Lucas stated the existing station's service area is bounded by 15th Street. The truck at the new fire station will respond to calls from the west side of the City. The engine responds to calls from 15th Street to Industrial, up to 17th Street and in the Dover neighborhood south of Pacific Coast Highway. The Council reviewed response times for the new location of Fire Station No. 2 and they meet applicable standards. The new location is approximately 0.3 miles from the existing location. In answer to Commissioner Klaustermeier's inquiry, Battalion Chief Lucas indicated sirens are employed when necessary. After hours, sirens are not typically employed. Standard operating procedures have most responses listed as Code 2 responses, meaning lights and sirens are not employed. A Code 3 response means the situation is acute. Fire personnel are required to test sirens daily, and tests typically occur around 9 a.m. Deputy Community Development Director Campbell added that the Municipal Code exempts activities conducted on public property from the Noise Ordinance. Condition of Approval No. 21 should be deleted. Chair Koetting closed the public hearing. Motion made by Commissioner Kleiman and seconded by Commissioner Ellmore to approve the staff recommendation with the deletion of Condition of Approval No. 21. AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, and Kleiman NOES: ABSTAIN: ABSENT: Rosene In answer to Chair Koetting's question, Senior Engineer Tauscher reported that plans would be resubmitted to the Community Development Department in July 2020. The City Council is anticipated to award a construction contract in Fall 2020, construction is expected to begin in Winter 2020/21, and construction is expected to be complete in the Spring 2022. ITEM NO. 5. ZONING CODE AND LCP AMENDMENTS RELATED TO CORRECTIONS, CLARIFICATIONS AND INCONSISTENCIES (PA2019-055) Site Location: Citywide Summary: Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) to provide code clarification and corrections, and to resolve inconsistencies between the Zoning Code and the Local Coastal Program Implementation Plan. The amendments relate to minimum lot size and dimensions, overlay zoning districts, and public hearing notification requirements. Recommended Action: 1. Conduct a public hearing; 2. Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to a have a significant effect on the environment; 3. Adopt Resolution No. PC2020-024 recommending the City Council approve Code Amendment No. CA2019-001; and 4. Adopt Resolution No. PC2020-025 recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2019-001 to the California Coastal Commission. Planning Commission Minutes June 18, 2020 8 of 9 Deputy Community Development Director Campbell reported staff considers the amendments routine clean up items. Staff proposes to change the minimum lot size exception in the Local Coastal Program (LCP) so that it is consistent with the Zoning Code; to clarify overlay districts that they may also be less restrictive than the base zones; to clarify noticing requirements when a large number of properties are affected; and to clarify procedural requirements for processing Zoning Code amendments. Staff will take Mr. Mosher's comments under advisement. Chair Koetting disclosed communications with staff. Remaining Commissioners disclosed no ex parte communications. Chair Koetting opened the public hearing. Jim Mosher questioned the policy of applying the subdivision note on packet page 39 to residential properties only. Footnote 6 is misplaced, and perhaps the reference to Title 19 should refer to Section 21.30.25. The reference to an amendment to the General Plan should probably refer to an amendment to the Coastal Land Use Plan. The language about not resulting in additional dwelling units is not clear. Deputy Community Development Director Campbell explained that the footnote is a copy of text from the Zoning Code. If a lot was subdivided and allows a single-family home, it could return to the underlying lot configuration. The reference to a General Plan amendment is purposeful because a General Plan amendment is needed to allow subdivisions that increase intensity within a statistical area. The proposed language was inadvertently omitted from the LCP. Chair Koetting closed the public hearing. Motion made by Secretary Lowrey and seconded by Commissioner Ellmore to approve the staff recommendation. AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, and Kleiman NOES: ABSTAIN: ABSENT: Rosene Chair Koetting congratulated Commissioners Weigand and Ellmore upon their recent reappointment to the Planning Commission by the City Council. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION None ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. Deputy Community Development Director Campbell reported on June 23, 2020, the City Council will consider the legal nonconforming sign abatement amendment. The Housing Element Update Advisory Committee is scheduled to meet in-person on July 1st. The City has executed a contract with a consultant for the Housing Element Update, and kickoff meetings have been held. Staff hopes to have a full and complete project description for the Housing Element Update by October. The July 9th Planning Commission agenda includes the election of officers. Principal Planner Gregg Ramirez will retire from the City on June 19th. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES None X. ADJOURNMENT – 8:20 p.m. Planning Commission Minutes June 18, 2020 9 of 9 The agenda for the June 18, 2020, Planning Commission meeting was posted on Friday, June 12, 2020, at 4:00 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, June 12, 2020, at 3:55 p.m. _______________________________ Chairman _______________________________ Secretary July 9, 2020, Planning Commission Item 2 Comments These comments on a Newport Beach Planning Commission agenda item are submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 2. MINUTES OF JUNE 18, 2020 The passages in italics are from the draft minutes. Corrections are suggested in strikeout underline format. Page 4, paragraph before motion: “In answer to Commissioner Klaustermeier's questions, Associate Planner Westmoreland advised that there are no existing openings is no patio in the new space where customers may smoke .” [Commissioner Klaustermeier's question was whether there was a patio for smoking. Although the answer referred to an absence of “openings,” I think it was meant as a “no”: that is, that there were no direct “openings to an outdoor patio.”] Page 4, motion: “Motion made by Vice Chair Weigand and seconded by Chair Koetting to approve the staff recommendation with the change to Condition of Approval No. 7 and additional conditions of approval prohibiting smoking and storing chairs and tables from Baja Sharkeez in the new space and the moving of furniture from the new space to Baja Sharkeez.” [The draft minutes misstate the final part of the motion. See video at 1:00.] Pages 5 and 6, sentence spanning pages: “Access to the The apparatus bays will be from open onto 28th Street, and the parking lot will have access to both northbound and southbound Newport Boulevard.” [See video at 1:09. The primary reason for relocating the station was to allow access to the apparatus bays from more than one direction, so fire engines can drive through rather than having to back in as at the present location. The bays have access from both 28th Street and the parking lot. The engines depart onto 28th Street and return via the parking lot.] Page 6, paragraph 3 from end: “Deputy Community Development Director Campbell reported the Director's Determination was prepared by the Director and staff, and the City Coun cil reviewed the Determination .” [This is indeed what was said, but I can find no evidence that the City Council reviewed (and impliedly “approved”) the Director's Determination that a fire station was an allowable use on a CV zoned parcel, unless that discussion (improperly) took place in closed session out of public view. To the contrary, public discussion of the purchase occurred as Item 26 at the Council’s September 12, 2017, meeting, and the staff report (page 5) incorrectly assured the Council and public as to “Entitlements, Design, and Construction ” that “The McDonald’s property is located in the Visitor-Serving Commercial (CV) Zoning District and the Coastal Zone. Fire stations are a permitted use within this zoning district.” The Director's Determination, evidently required to quietly correct the misstatement, was not issued until a month later, on October 13.1 And it 1 The Determination opens by saying “The City is performing due diligence related to the purchase and potential development of a new fire station at 2708 [sic] Newport Boulevard.” Planning Commission - July 9, 2020 Item No. 2a Additional Materials Received Draft Minutes of June 18, 2020 July 9, 2020, PC agenda Item 2 comments - Jim Mosher Page 2 of 2 was clearly a determination the Director could not make, since per NBMC Sections 20.12.020.E.1.d and 21.12.020.E.1.d, one of the required findings to add an unlisted use to a district is to determine that use is not listed in any other district. Because municipal fire stations are an allowed use in the PF district (and some others), they cannot be added to CV without an amendment to the Zoning Code. I continue to believe the neighbors of 2807 Newport Boulevard, in assuming the City is obligated to enforce the zoning proclaimed by Council ordinance, are justified in complaining about a fire station being allowed on a CV parcel without the City having gone through the formal public process of rezoning that parcel to PF.] Page 7, end of first (partial) paragraph: “On average, two to three calls occur after between 10 p.m. and 6:00 a.m.” [Mr.Lucas indicated that was the quiet time, with calls increasing after 6:00 a.m.] Page 7, paragraph 2: “In reply to Chair Koetting's query, Battalion Chief Lucas related that the big rig (or truck) responds to 1,400 to 1,500 calls per year.” [“Big rig” is evidently the same vehicle as the “truck” referred to in the preceding and following paragraphs, and is evidently different from an “engine.” I assume “big rig”/”truck” is the term used to describe what many call a “hook and ladder” but I’m not sure.] Page 7, last paragraph before Item No. 5: “The City Council is anticipated to award a construction contract in Fall 2020, construction is expected to begin in Winter 2020/21, and construction is expected to be complete in the Spring 2022.” Planning Commission - July 9, 2020 Item No. 2a Additional Materials Received Draft Minutes of June 18, 2020