HomeMy WebLinkAboutDraft Minutes - 05/22/2008Planning Commission Minutes 05/22/2008
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CITY OF NEWPORT BEACH
DRAFT Planning Commission Minutes
May 22, 2008
Reqular Meetinq - 6:30 p.m.
Page 1 of 6
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INDEX
ROLL CALL
Commissioners Eaton, Peotter, Cole, Hawkins, McDaniel, Toerge and Hillgren —
Commissioners Eaton and Hillgren were excused, all other Commissioners were
resent.
STAFF PRESENT:
David Lepo, Planning Director
aron Harp, Assistant City Attorney
ony Brine, Traffic Engineer
Patrick Alford, Planning Manager
Jaime Murillo, Associate Planner
Janet Brown, Associate Planner
Russell Bunim, Assistant Planner
Ginger Varin, Planning Commission Secretary and Administrative Assistant
PUBLIC COMMENTS:
PUBLIC
COMMENTS
None
None
POSTING OF THE AGENDA:
POSTING OF
THE AGENDA
The Planning Commission Agenda was posted on May 16, 2008.
HEARING ITEMS
SUBJECT: MINUTES of the regular meeting of April 17, 2007.
ITEM NO. 1
Commissioner Toerge made corrections to the minutes and made Motion,
Approved
seconded by Chairman Hawkins, to continue the minutes to the next meeting in
order to include the transcript prepared by an outside firm on the Sejour matter.
Ayes:
Hawkins, Cole, McDaniel and Toerge
Noes:
Peotter
Excused:
Eaton and Hillgren
ITEM NO.2
OBJECT: Fury Rok & Rol Sushi Lounge (PA2005 -087)
PA2005 -087
4221 Dolphin Striker Way
Continued to
he Planning Commission of the City of Newport Beach will hold a public hearing
06/06/2008
consider the recommendation of independent hearing officer on the revocation
f Use Permit Nos. 3162 and 2005 -018 on property located at 4221 Dolphin
Striker Way. The Planning Commission may adopt the proposed findings and
commendation as their decision or may take any other action that is supported
y substantial evidence in the record.
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Planning Director David Lepo noted that there was a claim filed by the owners of
Fury against the City. The city attorney has requested that until a settlement is
approved by the City Council, the Planning Commission take no action on this
matter, and requests this matter be continued to June 5, 2008. At Commission
inquiry, he noted the business has been closed for a few weeks.
Motion was made by Commissioner Peotter and seconded by Commissioner
Toerge to continue this item to June 5, 2008.
Ayes:
Peotter, Cole, Hawkins, McDaniel and Toerge
Noes:
None
Excused:
Eaton and Hillgren
ITEM NO. 3
SUBJECT: Balboa Inn LLC (PA2006 -270)
PA2006 -270
Siena Restaurant — One Year Review
105 Main Street
Received and
The Planning Commission of the City of Newport Beach will conduct a one-year
filed
review of an amendment to Use Permit No. 3158 related to the operation of live
entertainment and dancing within the existing restaurant at the Balboa Inn. The
property is located at 105 Main Street and is within the Retail and Service
Commercial designation of the Central Balboa Specific Plan (SP -8) District.
On April 19, 2007, the Planning Commission approved an amendment to Use
Permit No. 3158 permitting live entertainment and dancing within the restaurant, in
conjunction with private events only, and waived 11 parking spaces associated
with the operation. A condition of approval was implemented requiring that the
Planning Commission review the operation of live entertainment and dancing one
year from the effective date of approval to insure the conditions placed on the
Aeration were sufficient to control potential noise and parking impacts. The
Planning Commission has the right to modify the terms and conditions of the Use
Permit No. 3158 by imposing new or revised conditions relating to live
entertainment and dancing.
Jaime Murillo gave an overview of the staff report.
Public comment was opened.
Mr. Ron Baers, representing the applicant, noted the operations have been
successful this past year.
Public comment was closed.
Motion was made by Commissioner Toerge and seconded by Commissioner
Peotter to receive and file the report.
Ayes:
Peotter, Cole, Hawkins, McDaniel and Toerge
Noes:
None
Excused:
Eaton and Hillgren
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ITEM NO.4
PA2007 -115
SUBJECT: Albertson's (PA2007 -115)
3049 East Coast Highway
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he Planning Commission of the City of Newport Beach will conduct a one -yea
review of conditions of approval for Albertson's Use Permit No. 3650 (Off -Site
Parking Agreement). The property is located at 3049 East Coast Highway and is
ithin the Retail and Service Commercial (RSC) Zoning District.
Planner Russell Bunim gave an overview of the staff report notii
still exist and that code enforcement has been informed of
comment was opened.
Munoz, Assistant Manager of Albertson's, purchased thirty -three
for 72 employees.
Harp noted code enforcement can issue citations starting at $100 up to $500
Bunim noted that the off -site parking agreement was for the increase of t
zanine area for storage and is not a use permit to operate the grocery store.
n Bagley, new store director of Albertson's, stated she will take care of
tion and gave an outline of what she intends to do.
comment was closed.
was made by Commissioner Peotter and seconded by Commiss
!I to refer this matter to staff for them to handle through normal
lent procedure and bring back to the Commission for a report
a public hearing no later than six months from this date.
iissioner Toerge noted there is no reason for six months and this needs
back June 19, 2008.
n Hawkins noted the operational issues can be rectified in a
, we need to have this monitored over a six month period.
yes: Peotter, Hawkins, Cole and McDaniel
Noes: Toerge
Excused: Eaton and Hillgren
SUBJECT: Megonigal Residence (PA2007 -133) ITEM
2333 Pacific Drive PA2007-13 -133
The applicant submitted a letter to the Planning Department requesting that the Approved
project be removed from Planning Commission calendar. David Olson, architect,
is working with his client to redesign the project and requires more time.
item was re- ordered and heard second on the agenda.
ling Director David Lepo noted staff recommends that this item be
the agenda.
comment was opened.
Ann Balderston presented photographs of the view point and spoke in opposition
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to this project.
Public comment was closed.
Mr. Lepo noted this item will come back to the Planning Commission if the
applicant is unable to build without a request for a variance.
Motion was made by Commissioner Peotter and seconded by Commissioner
Toerge to table this item indefinitely.
Ayes:
Peotter, Cole, Hawkins, McDaniel and Toerge
Noes:
None
Excused:
Eaton and Hillgren
SUBJECT: Review of preliminary CIP (PA2007 -131)
ITEM NO. 6
PA2007 -131
Approved
An annual review of the Preliminary Fiscal Year 2008 -20 -09 Capital Improvement
Program to determine consistency with the General Plan and Coastal Land Use
Plan, and to make recommendations to the City Council concerning the proposed
public works project.
Ms. Brown gave an overview of the staff report.
Motion was made by Commissioner Toerge and seconded by Commissioner Col
to recommend the Capital Improvement Program as presented for Fiscal Year
08/09 (PA2007 -131) with the added recommendation that the City Council
consider incorporating the dredging of the lower bay into this program.
Chairman Hawkins noted that the proposed location of a new city hall at the
Avocado site is inconsistent with the open space designation and he will not vote
or finding of consistency.
Mr. Lepo noted that after the recent vote, the Charter says the city hall goes there.
Ayes:
Eaton, Peotter, Cole, McDaniel and Toerge
Noes:
Hawkins
Excused:
Eaton and Hillgren
ITEM NO. 7
SUBJECT: Planning Commission procedures and minutes
Procedures and
(Continued from 0410312008)
minutes
t the Planning Commission meeting of March 20, 2008, Commissioner Peotter
Approved
requested that Planning Commission procedures including the use of verbatim
meeting minutes be placed on this agenda for discussion. Included with this
report are the 'Rules of Procedures of the Planning Commission," excerpts from
Robert's Rules of Order, and a copy of a City Council meeting speaker request
and for consideration by the Commission in determining appropriate actions on
his agenda item.
Commissioner Peotter noted he is trying to simplify business practice. The
should be more topical minutes rather than verbatim minutes.
he speaker card would help the secretary and the chairman who Gan order them
n a way that causes the meeting to flow easier. He can announce the name o
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he speaker.
Motion was made by Commissioner Peotter to adopt both suggested procedural
anges as policies in our Commission structure.
Commissioner Cole noted agreement on the minutes but hot on the speaker cards
s it may discourage public participation.
At the request of Chairman Hawkins, the maker of the motion agreed to split the
motion.
Motion was made by Commissioner Peotter and seconded by Commissioner Col
to have action minutes per Robert's rules with exceptions as discussed.
Commissioner Toerge noted it is a good practice to have Commissioners say wha
they want the minutes to reflect so Council knows the Commissioners' feelings
bout the issue; likes how the minutes are done now; does not agree with the use
of speaker cards.
Commissioner McDaniel noted if we can make the minutes shorter, we can solve
bunch of problems.
yes:
Peotter, Cole and McDaniel
Noes:
Hawkins and Toerge
Excused:
Eaton and Hillgren
Motion was made by Commissioner Peotter to require speaker cards.
e item died for lack of a second.
Discussion then ensued on whether the Chairman has the right to second a
motion or to make a substitute motion.
Motion was made by Commissioner Cole and seconded by Commissioner Peotter
to allow the Chairman to second a motion but not be able to make a motion or a
substitute motion.
Chairman Hawkins noted he does not support the motion as it puts the chair in an
unpleasant position and makes the rules too specific.
Ayes:
Peotter, Cole, McDaniel and Toerge
Noes:
Hawkins
Excused:
Eaton and Hillgren
ADDITIONAL BUSINESS:
ADDITIONAL
BUSINESS
a. City Council Follow -up - Mr. Lepo reported that the ordinances for Hoag
Hospital were adopted; and, an appeal of the Tommy Bahamas was hear
and Council overturned the ruling of the Planning Commission.
b. Matters which a Planning Commissioner would like Staff to report on at
subsequent meeting - Commissioner McDaniel noted the schedule for Jul
with one meeting on the 17 and the June 19 meeting is the last one fo
Commissioner Cole.
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c. Project status - Mr. Lepo noted staffs progress on the review of the Zoi
Code that will be heard by Planning Commission and Council at the
hearings.
d. Requests for excused absences - Commissioner McDaniel stated he is
available for a July 3 meeting.
MW
CITY OF NEWPORT BEACH PLANNING COMMISSION
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