Loading...
HomeMy WebLinkAbout11-18-2021 - Planning Commission 1 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, NOVEMBER 18, 2021 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 – Commissioner Klaustermeier III. ROLL CALL PRESENT: Chair Lee Lowrey, Vice Chair Lauren Kleiman, Commissioner Sarah Klaustermeier, Commissioner Mark Rosene, Commissioner Erik Weigand (arrived at 6:35 p.m.) ABSENT: Secretary Curtis Ellmore, Commissioner Peter Koetting Staff Present: Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Tony Brine, Police Civilian Investigator Wendy Joe, Associate Planner Chelsea Crager, Assistant Planner Joselyn Perez, Administrative Assistant Clarivel Rodriguez, and Department Assistant Amanda Lee IV. PUBLIC COMMENTS Jim Mosher related the lobbyist registration disclosure requirement. V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS ITIEM NO. 1 MINUTES OF OCTOBER 7, 2021 Recommended Action: Approve and file Motion made by Vice Chair Kleiman and seconded by Commissioner Rosene to approve the minutes of the October 7, 2021 meeting with Mr. Mosher's proposed edits. AYES: Klaustermeier, Kleiman, Lowrey, and Rosene NOES: ABSTAIN: ABSENT: Ellmore, Koetting, and Weigand VII. PUBLIC HEARING ITEM(S) ITEM NO. 2 PACIFICA CHRISTIAN HIGH SCHOOL USE PERMIT (PA2021-221) Site Location: 1499 Monrovia Avenue and 883 West 15th Street Summary: An amendment to a conditional use permit for Pacifica High School to increase enrollment by 120 students, from 185 to 305, and an increase in staff/administration from 18 to 35 employees. The additional students and staff will be accommodated by utilizing both 1499 Monrovia Avenue and 883 West 15th Street locations as classroom sites. Further, 35 parking spaces located at Coastline college would be provided to the expanded school. The total combined parking at all locations would be 137 spaces. Planning Commission Regular Meeting Minutes November 18, 2021 2 of 6 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. PC2021-030 approving Conditional Use Permit No. UP2021-037. Associate Planner Chelsea Crager utilized a presentation to discuss the request for an amendment to a conditional use permit to increase school enrollment from 185 to 305 students, and increase staff and administration from 18 to 35 employees, including classroom space, offsite parking, background of use, school operation, offsite parking, drop-off and pick-up locations, CEQA review, and recommended actions. Vice Chair Kleiman disclosed an email exchange with the applicant’s consultant. Chair Lowrey, Commissioners Klaustermeier, Rosene, and Weigand reported no ex parte communications. Chair Lowrey opened the public hearing. Shawna Schaffner, Chief Executive Officer of CAA Planning representing Pacifica Christian High School, utilized a presentation to discuss the campus interactions within and between the buildings, drop-off and pick-up plans, parking options, walking paths, neighbor outreach, landscaping, and lighting and noise reduction plans. Ms. Schaffner reported that the conditions of approval are agreeable. In response to Vice Chair Kleiman’s questions, Ms. Schaffner indicated that bussing is accounted for in an area removed from residents for athletic events only with the condition of no idling. Head of School David O’Neil outlined the breakdown of arrival and departure modes to school with 30 to 35 percent of the students in a carpool, three arrival times, one parking permit limit per family, and 85 percent athletic and over 60 percent arts and extracurricular afterschool participation. In response to Commissioner Rosene’s questions, Ms. Schaffner and Mr. O’Neil explained that parking is managed through a policy of one parking permit per family issued to upper classmen only. In response to Chair Lowrey’s question, Ms. Schaffner confirmed that increased enrollment will take place over a two to three-year period. Jim Mosher questioned the templates used for agenda items 2, 3, and 4 and noted discrepancies in construction commencement and noise standards. Vice President of the Newport Crest Homeowners Association neighboring the school, Ginny Lombardi, concurred with the presentation shared by Ms. Schaffner and announced continued efforts to mitigate the details. Student body president and senior at Pacifica High School Mary Callahan supported the use permit. Pacifica student Will Carlson supported the use permit. Chair Lowrey closed the public hearing. In response to Commissioner Rosene’s question, Deputy Community Development Director Campbell explained the unique parking management plan and Traffic Engineer Brine’s involvement in addressing the cross traffic between sites and efficiencies. In response to Vice Chair Kleiman questions, Associate Planner Crager indicated that discrepancies with Condition of Approval No. 26 addressing the paging system and Condition of Approval No. 40 addressing bussing can be stricken out and the buffer and retaining walls are not addressed in the conditions of approval. Chair Lowrey reopened the public hearing. Planning Commission Regular Meeting Minutes November 18, 2021 3 of 6 In response to Commission Rosene’s question, Ms. Schaffner confirmed that a paging system is required by code and will be used for Fire Life Safety. Chair Lowrey closed the public hearing. Deputy Community Development Director Campbell concurred with Condition of Approval No. 40 being stricken out. Motion made by Chair Lowrey and seconded by Vice Chair Kleiman to approve the staff recommendation with Condition of Approval No. 40 stricken and the second sentence of Condition of Approval No. 26 removed. AYES: Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand NOES: RECUSED: ABSENT: Ellmore and Koetting ITEM NO. 3 WILD TACO RESTAURANT (PA2021-106) Site Location: 407 31st Street Summary: A request to amend and supersede an existing use permit that allows a restaurant with a Type 41 (On-Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (ABC) license. Approval of the new Use Permit would allow the restaurant to upgrade its ABC license to a Type 47 (On-Sale General – Eating Place) and expand the hours of operation from 11 a.m. to 9 p.m., daily, to a maximum of 10 a.m. to 10 p.m., daily. There are no late hours (after 11 p.m.) proposed and no physical alterations proposed as part of this project. If approved, this Minor Use Permit would supersede Use Permit No. UP2008-056 and subsequent amendments. Recommended Action: 1. Conduct a public hearing; 2. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has not potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2021-031 approving Minor Use Permit No. UP2021-019, which upon approval and implementation would supersede Use Permit No. UP2008-056 and subsequent amendments. Assistant Planner Joselyn Perez utilized a presentation to introduce the request for a Minor Use Permit from the existing restaurant known as Wild Taco, its location and vicinity, history, and the zoning of the surrounding properties. Ms. Perez explained that the surrounding area is a mixed-use zoning district, meaning both residential and nonresidential uses are in close proximity, which was analyzed in the request. Conditions of Approval were incorporated to help mitigate residential concerns. Additionally, the applicant’s upgrade request was summarized. Commissioner Weigand disclosed that he spoke with the property owner to discuss the merits of the project. Chair Lowrey, Vice Chair Kleiman, and Commissioners Klaustermeier and Rosene reported no ex parte communications. Chair Lowrey opened the public hearing. Steve Rawlings, consultant for applicant, reported that the applicant agreed to all the conditions of approval, has been operating in the current location since 2009 and selling beer and wine with no operational issues, and the desire to be able to stay open later even though the restaurant currently closes earlier than the request. Mr. Carson, applicant, employs 250 people in seven restaurant locations and opened Wild Taco at the age of 27 after growing up in Newport Beach, shared industry and inflation challenges affecting profits, and his interest in enhancing the food and beverage experience for his guests to upscale his concept. Planning Commission Regular Meeting Minutes November 18, 2021 4 of 6 Jim Mosher questioned why the amendment is not listed as a Zoning Administrator item and Conditions of Approval Nos. 1, 6, 12 and 17 for compliance requirements, typo, omission, and clarity, respectively. Mike Flynn believed that late night operating will cause a noise disturbance that will affect area residents and another alcohol operator is unnecessary. Rand Johnson opposed amending the use permit. Nikki Martin supported amending the use permit. Jane Flynn asked the Commission to consider the potential noise disturbance for area residents. Peter Belden supported amending the use permit. Will Anderson supported amending the use permit. Joe Garcia supported amending the use permit and proposed an operating procedural change to accommodate noise concerns. Michael Brandon supported amending the use permit. Wild Taco General Manager, Nic, asked the Commission to consider approving the use permit amendment. Chair Lowrey closed the public hearing. Chair Lowrey reopened the public hearing. Mr. Rawlings and Mr. Carson shared their willingness to continuously mitigate resident concerns and seek resolutions. Chair Lowrey closed the public hearing. Commissioner Weigand supported amending the use permit. Motion made by Commissioner Weigand and seconded by Chair Lowrey to approve the staff recommendation with Condition of Approval No. 6 being stricken, adding the substantial compliance standard with the approved project plans as a Condition of Approval, and a correction to the railing provision in Condition of Approval No. 12. AYES: Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand NOES: ABSTAIN: ABSENT: Ellmore and Koetting ITEM NO. 4 ORANGE COAST WINERY USE PERMIT (PA2020-082) Site Location: 869, 871, and 873 West 16th Street Summary: A conditional use permit to establish a wine tasting room, Orange Coast Winery, with 1,280 square feet of net public area, including a Type 2 (Winery) Alcoholic Beverage Control (ABC) license. Proposed hours of operation are 5:00 p.m. to 9:00 p.m. Monday through Friday and 12:00 p.m. to 9:00 p.m. Saturday and Sunday. There is no live entertainment or dancing proposed. If approved, this Conditional Use Permit would supersede Use Permit No. UP2010-013. Recommended Action: 1. Conduct a public hearing; Planning Commission Regular Meeting Minutes November 18, 2021 5 of 6 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 impact on the environment; and 3. Adopt Resolution No. PC2021-032 approving Conditional Use Permit No. UP2020-038. Associate Planner Chelsea Crager utilized a presentation to share a vicinity map of the subject property, 2010 wine production, retail and tasting approval in the industrial zoning district, conversion over time to a wine tasting room only, and 2021 Ordinance that requires a 500-foot separation from schools and between wine tasting rooms. She further shared details of the Type 2 ABC license, parking space/occupant ratio of 1:4 with a maximum of 99 people with 25 parking spaces onsite, proposed hours of operation 5 p.m. to 9 p.m. on weekdays and 12 p.m. to 9 p.m. on weekends, site plan, floor plan with three suites, and conditions of approval, including hours of operation, no kitchen with exhaust, no live entertainment or dancing, training programming for employees serving alcohol, and security recording. The applicant is seeking relief from Condition of Approval No. 13 for trash enclosure because the applicant has a dumpster with a locking lid which complies with the water quality requirements, exemption from CEQA Section 15301, and recommended actions. Deputy Community Development Director Campbell indicated that Condition of Approval No. 6 will be stricken, and Condition of Approval No. 1 will be added to include the substantial compliance with the approved project plans. Assistant City Attorney Summerhill noted that Condition of Approval No. 13 is broader than requiring a trash enclosure. Commissioner Weigand disclosed that he reached out to the applicant’s consultant with questions. Chair Lowrey, Vice Chair Kleiman, and Commissioners Klaustermeier and Rosene reported no ex parte communications. Chair Lowrey opened the public hearing. Peter Swanson, applicant, introduced the Orange Coast Winery, himself, and his family-run business. Jim Mosher questioned the opportunities for exemption and minimum square footage of Condition of Approval No. 13 and the meaning of Condition of Approval No. 36. Chair Lowrey closed the public hearing. Associate Planner Crager clarified that Condition of Approval No. 36 is a building code requirement for the construction of the tenant improvement and it will be routed to building engineers and the fire department as a part of the plan check review. In response to Vice Chair Kleiman’s questions, Associate Planner Crager clarified Conditions of Approval Nos. 23 and 28 reflect memorandums by the Police Department, the property cannot operate as a full restaurant, the Type 2 license, allowable sales, and maximum occupancy counts. Vice Chair Kleiman grappled with the similar characteristics of a bar. Deputy Community Development Director Campbell suggested a limit to Condition of Approval No. 28, striking Condition of Approval No. 23, and keeping Condition of Approval No. 13 with flexibility at the staff level. In response to Commissioner Weigand’s questions, Deputy Community Development Director Campbell recounted the numerous iterations of this permit and clarified that the Conditions of Approval limit the operator to function as a wine tasting room and not a bar. Motion made by Commissioner Weigand and seconded by Commissioner Klaustermeier to approve the staff recommendation with a limit to Condition of Approval No. 28 if the hours were extended past 9 p.m. up to 11 p.m., striking Condition of Approval No. 23, and keeping Condition of Approval No. 13 with flexibility at the staff level. AYES: Klaustermeier, Lowrey, Rosene, and Weigand NOES: Kleiman ABSTAIN: ABSENT: Ellmore and Koetting VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION None Planning Commission Regular Meeting Minutes November 18, 2021 ITEM NO. 6. 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 that the Housing Element revised plan was submitted this week to the California Department of Housing and Community Development and will be included on the December 9 Planning Commission Agenda, along with a small restaurant in Lido Marino Village. He further shared that fractional ownership of single-family homes was discussed at the City Council meeting and no changes were provided to staff. A public hearing took place for the Newport Place Planned Community Amendment and call for review of the Corona del Mar 76 Service Station Remodel with adjustments to the alcohol sale times and both received approval by the City Council. Uptown Newport is moving forward with the permit issued for the second construction phase of 30 condos and Harbor Pointe Residential Care Facility was submitted for a plan check. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES Chair Lowrey advised that he would not be present for the December 9, 2021 , Planning Commission meeting. IX. ADJOURNMENT-8:16 p.m. The agenda for the November 18, 2021 , Planning Commission meeting was posted on Friday, November 12, 2021, at 4:00 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 10 nter Drive, and on the City's website on Friday, November 12, 2021 , at 3:55 p.m. 6 of 6