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HomeMy WebLinkAbout20200423_PC_MinutesPlanning Commission Minutes April 23, 2020 3 of 9 anticipates seeking a future discretionary Site Development Review for building construction. The applicant proposes no less than 5 percent of residential base units will be designated for very low income households, no less than 10 percent of residential base units will be designated for low income households, or no less than 10 percent of residential base units will be designated for moderate income households in exchange for a density bonus that corresponds to the level of affordability. Architectural design considerations include consistent and high- quality materials, articulation and modulation of mass, abundant landscaping, integration of residential and nonresidential uses, and orientation of nonresidential buildings around public spaces. He noted two parcels within the site that are not part of the project. The applicant has filed notices of the project with the Federal Aviation Administration (FAA) and is awaiting a second determination. In reply to Commissioner Klaustermeier's query, Mr. Strader indicated the applicant has not held any discussions with the Airport Land Use Commission. In many cases, the Airport Land Use Commission finds multifamily and residential projects located in the Airport area inconsistent with the AELUP. In many cases, city governments override the determinations. Sean Matsler, applicant representative, added that JWA's questions about the project will likely be answered once it and the Airport Land Use Commission review the proposed PC text. In answer to Vice Chair Weigand's questions, Mr. Matsler indicated the PC text would allow the location of certain accessory residential or nonresidential amenity space within the 65 CNEL. Principal Planner Ramirez advised that the residential units, if approved, would be counted towards the City's Regional Housing Needs Allocation (RHNA) for the upcoming cycle. In response to Commissioner Ellmore's inquiries, Mr. Matsler reported a person named Pham owns the parcel located in the center of the project site but not included in the project. The property owner originally agreed to be included in the project but has elected to withdraw from the project. In reply to Commissioner Rosene's question, Principal Planner Ramirez reported staff is working with the applicant to ensure zoning in the PCDP is right. In answer to Chair Koetting's queries, Mr. Strader explained that the amount of proposed retail space is based on needs for resident-serving retail and the amount of existing retail uses in the area and onsite. The developer will determine the phasing, if any, of construction. Generally, residential uses are constructed prior to nonresidential uses. Mr. Matsler clarified that the site plan is conceptual, and the submitted project may not be exactly as shown in the site plan. Jim Mosher inquired about the legislative requests returning to the Planning Commission in two meetings, the amount of existing development, and the effect of the 65 CNEL line's movement on the proposed project. A waiver of the park requirement may not be appropriate given the existing half-acre park will probably be too small for the number of residents. VIII. PUBLIC HEARING ITEMS ITEM NO. 3 THE CRAB COOKER SIGNAGE AND ENCROACHMENTS (PA2019-126) Site Location: 2200 Newport Boulevard Summary: A request to establish a comprehensive sign program for the reconstructed The Crab Cooker restaurant building. The applicant proposes to replace most of the signage that was existing prior to demolition. This proposal requires approval of a modification permit to allow an increase in maximum cumulative sign area over what is allowed by the Zoning Code. The previously existing rooftop “Don’t Look Up Here” fish-shaped sign is proposed to be refurbished, reinstalled and designated as a heritage sign pursuant to the Zoning Code. Also included in the request is a waiver of City Council Policy L-6 to install private improvements within the Newport Boulevard and 22nd Street public rights-of-way consisting of the replacement of previously existing benches and refurbishment of an existing freestanding clock. All other proposed encroachments are consistent with Policy L-6. Planning Commission Minutes April 23, 2020 4 of 9 Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15303 and 15311 (Class 3 [New Construction or Conversion of Small Structures] and Class 11 [Accessory Structures]) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment. The exceptions to the use of these categorical exemptions pursuant to Section 15300.2 are not applicable 3. Adopt Resolution No. PC2020-011 approving Comprehensive Sign Program No. CS2019-006, Modification Permit No. MD2020-003 and designating a heritage sign; 4. Waive City Council Policy L-6, Encroachments in Public Rights-of-Way to allow the reconstruction of benches and refurbishment of an existing freestanding clock that encroaches into the Newport Boulevard and 22nd Street public rights-of-way subject to the conditions of the Encroachment Permit process being satisfied; and 5. Adopt Resolution No. PC2020-012 waiving City Council Policy L-6 and approving Encroachment Permit No. N2019-0361. Senior Planner Ben Zdeba reported The Crab Cooker is located in the McFadden Square area. The restaurant has operated for more than 50 years with minimal aesthetic changes. The applicant proposes to install refinished and new signage, refurbish an existing freestanding clock, and replace benches that were part of the restaurant prior to its demolition. The applicant seeks approval of a comprehensive sign program, a modification permit, a heritage sign designation, and a waiver of Council Policy L-6 for the items that would encroach within the public right-of-way. Typically, a sign program and modification permit would be presented to the Zoning Administrator. Because the heritage sign designation and Council policy waiver must be approved by the Planning Commission, all four items are before the Planning Commission. Senior Planner Zdeba further reported the proposed sign program and modification permit will recreate the characteristic theme of the restaurant, memorialize all signage, and maintain the restaurant's iconic character. The proposed signage will not be incompatible with the surroundings. Strict application of Zoning Code allowances for signage would limit the re-establishment of the restaurant's branding. The applicant seeks a heritage designation for the fish-shaped "Don't Look Up Here" roof sign. The criteria for a heritage sign is historic significance and visual significance. The Code defines “historic significance” as being erected at least 35 years earlier. The sign was established more than 35 years ago based upon old photographs, is unique, and characterizes the restaurant and seafood market. With a heritage designation, the sign cannot be altered except for routine repair and maintenance. The applicant requests an encroachment permit and waiver of City Council Policy L-6 to refurbish and reinstall a free-standing clock located in the Newport Boulevard sidewalk and replacement of benches within the 22nd Street right-of-way. The Public Works Department has reviewed and supports approval of the requested waiver of City Council Policy L-6 and an encroachment permit. Vice Chair Weigand suggested staff monitor restaurant projects for opportunities to serve patrons in a protected manner, such as allowing a takeout window. In response to Chair Koetting's inquiries, Senior Planner Zdeba advised that news racks had been removed from the sidewalk since at least May 2016 or earlier. A separate encroachment permit would be needed to return them to the location. As previously approved, the trash enclosure is located within the building footprint. Commissioners disclosed no ex parte communications. Chair Koetting opened the public hearing. Marice DePasquale, applicant representative, advised that the applicant concurs with the staff report, findings, and conditions of approval. Jim Wasko, business owner, thanked staff for their work, counsel, and guidance over the past five years. In reply to Chair Koetting's question, Mr. Wasko advised that the restaurant's menu and recipes will be the same. Planning Commission Minutes April 23, 2020 5 of 9 Jim Mosher inquired about the deviation of the sign on the rear of the building, the ability of the business owner to alter the text of the proposed heritage sign, and the location of bicycle parking. Charles Klobe supported The Crab Cooker restaurant and Mr. Mosher's written comments. Chair Koetting closed the public hearing. At Vice Chair Weigand's request, Senior Planner Zdeba summarized Mr. Mosher's written comments. Motion made by Commissioner Ellmore and seconded by Commissioner Kleiman to approve the staff recommendation. AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, and Rosene NOES: None ABSTAIN: None ABSENT: None ITEM NO. 4 501 PARK AVENUE RESTAURANT (PA2019-238) Site Location: 501 Park Avenue Summary: An amendment to an existing conditional use permit to upgrade the current ABC license from a Type 41 (On-Sale Beer and Wine-Eating Place) to a Type 47 (On-Sale General) for an existing restaurant and to extend the hours of operation from 7:00 a.m. to 9:00 p.m. daily to 7:00 a.m. to 10:00 p.m. daily. The applicant also requests a continuation of a previously approved off-street parking reduction. If approved, this Conditional Use Permit would supersede Use Permit No. UP2014-009. Recommended Actions: 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. PC2020-009 approving Conditional Use Permit No. UP2019-053. Associate Planner David Lee reported the applicant seeks to upgrade its Type 41 Alcoholic Beverage Control (ABC) license to a Type 47, to change the hours of operation from 7 a.m. to 9 p.m. daily to 7 a.m. to 10 p.m., and to continue the previously approved parking waiver. The restaurant was established in 1961. The property is zoned mixed use, and apartments are located above the restaurant. Nearby uses include mixed, residential, Balboa Island Park, and the ferry. The existing restaurant offers a dining area, a wine bar, a coffee bar, a takeout area, and outdoor dining. The property provides three off-street parking spaces for the restaurant and a nonconforming garage parking space for the residential units. The applicant does not propose any physical alterations to the building but does propose to reduce the number of seats from 95 to 86. The parking requirement for the site is 27 spaces, and in 2014 the Planning Commission approved a waiver of 23 spaces and due to a mathematical error, it should have been 24 spaces. Because there has been no increase in floor area or number of seats, and the apparent lack of detrimental conditions with the existing operation, staff recommends the Planning Commission approve the continuation of the previously approved parking waiver including the additional space (24 total). The restaurant is located in a residential neighborhood and seeks to serve local residents. The Police Department has no objection to an upgrade of the ABC license or change in operating hours. Associate Planner Lee requested the Planning Commission add conditions of approval regarding maintenance of the existing parking lot and employee parking, if the Commission chooses to approve the project. Commissioners disclosed no ex parte communications. Chair Koetting opened the public hearing.