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HomeMy WebLinkAbout1.0_Draft Minutes_03-19-2009CITY OF NEWPORT BEACH Planning Commission Minutes March 19, 2009 Regular Meeting - 6:30 p.m. Commissioners Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge, and Hillgren— all present. STAFF PRESENT: David Lepo, Planning Director Patrick Alford, Planning Manager Aaron Harp, Assistant City Attorney Fern Nueno, Assistant Planner Jaime Murillo, Associate Planner Melinda Whelan, Assistant Planner Ginger Varin, Administrative Assistant None PUBLIC COMMENTS THE AGENDA The Planning Coafftl on Aghda was posted on March 13, 2009, ITEMS SUBJ- % MINUTES--q the regal {_:meeting of February 19, 2009. ITEM NO. 1 Motion made b;;iYriCommissioner Hawkins and seconded by Approved Commissiondl9ren tobrove the minutes as written. Noes: None "t Abstain: I McDaniel xxx . SUBJECT: Balboa Island Village Inn (PA2009 -014) ITEM NO.2 127 Marine Avenue PA2009 -014 A use permit application for an existing full service restaurant to allow thl Approved conversion of dining room seating into bar seating, and for the operation of a existing alcoholic beverage outlet. NEWPORT BEACH PLANNING COMMISSION MINUTES 03/19/2009 Fern Nueno gave an overview of the staff report: • The Village Inn began construction without a building permit and performed construction on Sundays, which violates City regulations; • There was a complaint with the Building Department and an inspector was sent out to the site who notified the owner that a building permit was required; • In response to a letter sent to the Department regarding dancing on site, the police were notified and stated that no dancing had been observed. • During the past few years, there has been a decline in calls for service at this site from the Police Department. • There is no requirement for a certain percentage of food sales under their ABC license. Scott Russo, attorney representing the applicant, noted: • A licensed contractor is doing the improvements. • The red tag occurred September 2008. • No intent to seek a dancing permit. • No requirement for a 50 percent food sales under their ABC license, • The application is necessary for increased business. • The area to be updated needs to be refurbished to make it conducive and pleasant for customers. Commissioner McDaniel noted his concern with the removal of the wall that acts as sound attenuation and the increased noise. Aric Toll, one of the owners of Village Inn, noted a six -foot hole will be put into a wall that spans the width of the building so that light will come in from the other side of the room. Discussion continued regarding noise, placement of the band and the configuration of the wall. Commissioner Toerge asked the applicant if he was in compliance with the conditions of his alcohol license. He was answered, yes. Commissioner Eaton suggested an additional condition for a one -year review of the application. Mr. Toll answered he would agree. Public comment was opened. Speaking in opposition: Mr. Roger Van Pelt — Marine Avenue resident noted issues of parking, traffic, attraction of 'bar' people, has seen dancing on the premise, other restaurants in the area are making it with their quality of food, noise comes out from the establishment when the doors are opened. On the weekends, when patrons get out on the street there is smoking, fights, loud conversations, public urination and vomiting. Don Deputy — Marine Avenue resident noted his concern of noise, especially durina the summer: parking and traffic problems. Page 2 of 15 NEWPORT BEACH PLANNING COMMISSION MINUTES Shirley Van Pelt — Marine Avenue resident noted the configuration of the site will create a dance hall situation that will draw the drinking crowd. At Commission inquiry, she noted the sound does carry and the doors will now be opened and that will further impact both the sidewalk traffic and noise. With the quality and type of food she does not feel this will work for the betterment of the surrounding residences. Mike Sullivan — Marine Avenue resident noted his concern that this establishment is becoming more of a bar than a restaurant. In doubling the bar space what would that lead to? In a restaurant you do not hear the screaming which I hear at night with my windows closed. He has not called the police or complained about it. He has to pick up the trash in the mornings. It should be a restaurant, and if you approve this, there should be a commitment to improve the food and less noise. There is dancing there on the weekends. He noted his support of the restaurateur. Speaking in support: Ken Cowan — Crystal Avenue resident noted he enjoys the food at the bar, has not seen any fights or public nuisances as previously described. At Commission inquiry, he stated the dining area is dark and nobody goes in there. Michael Kranz — Diamond Avenue resident noted he frequents the establishment and that the new seating will be a benefit. Lori Kranz — Diamond Avenue resident noted her support of the application. Food quality is not the issue. This establishment is an asset to the community and people are friendly. Spencer Stepuvicke — as a past employee of the Village Inn, noted it is an asset to the community; the owner is very friendly and has provided games for the adults; it is a good place and hopes that it will become viable with the addition of the seats and new lighting features that will open the place up. Mr. Toll noted that last year he sold close to $400,000 in food with a full service menu. The operation will not change with the improvements. Public comment was closed. Commissioner Eaton noted: • Approval of this application would give the City the ability to impose conditions on the use that are not present now such as LEAD training; • A one -year review with a report on the amount of food sales would give the opportunity if additional conditions need to be imposed; • This is licensed as a restaurant. Commissioner Hillgren asked if anything else will be changed in the space other than ooenina the wall. 03/19/2009 Page 3 of 15 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/1912009 Mr. Toll answered a counter }op, opening and a couple of televisions along with paint and finishing touches are all planned to match the other side. He stated that he has no objections to the conditions contained in the staff report and would agree to a weekend restriction of opening at 9:00 a.m. At Commission inquiry, Mr. Lepo noted that this is an old liquor license and the regulations have since changed. When that license was issued there was no minimum food sales requirement. This was not licensed as a bar; they were expected to serve food. Commissioner Unsworth asked if there had been sound testings. Commissioner McDaniel noted there was quite a bit of testing done as this place had been an issue on the Island for a very long time. Recently, improvements had been done on the premises such as new glass and a reconfiguration. Noise does spill out with doors opening and closing. That is not the problem; it is once the patrons leave the premises and go into the community it wakes the whole area up, which is not the responsibility of the owner. Chairman Peotter asked if there were restrictions on live entertainment. Ms. Nueno answered that live entertainment is allowed with no more than five musicians or vocalists using amplified music or microphones limited with certain decibel limits. Chairman Peotter asked about the hours between midnight and 2 a.m. Mr. Toll noted he would agree to a condition restricting those hours during the weekend if he was granted the conversion of bar seating in the dining room. Commissioner Toerge noted if this project is not allowed, then it is status quo. It was suggested that LEAD training and other modifications to the business to address the concerns of the Commission; how could this operation be improved? Mr. Toll noted he is proud of the current operation and works very hard. The Police Department knows we control our patrons and the control of liquor service and the establishment is in good standing with the ABC. Commissioner Toerge asked if the food percentage will change if this application was granted. Would you agree to a 50 percent food sales? Mr. Toll answered now people do not use that area. He would not agree to the food percentage; however, it is a goal but he has not achieved it yet. At Commission inquiry, he noted the doors in the remodeled area should be there for use. After hours is different as they will be closed for noise containment. He agreed to a condition that after 8 p.m. those doors will be used for emergencv use onlv. Page 4 of 15 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/19/2009 Commissioner Hawkins asked if the applicant would agree to a 40 percent food to alcohol ratio with an annual report back to the Planning Commission. Mr. Toll agreed. Scott Russo noted there will be an annual review. If necessary, Mr. Toll will agree to cut back those hours; however, ten percent ($100,000) of his business comes during those hours. The reason for this request is that the Village Inn is not a viable business and has not been one since the Tolls took over. This change is necessary as the Village Inn has to turn a profit and must become a viable enterprise. Detective Dave Stark noted the Police Department would support the time change closing at midnight as it would enhance public safety and addresses concerns previously stated. The problems occurring at 2 a.m. would go away and alleviate the neighbors' concerns if this place closes at midnight. Commissioner McDaniel noted he does not support this application. Points have been made if this was approved that conditions could be applied. However, the Village Inn will no longer be a restaurant, it will be a bar. It clearly is indicated that with the televisions installed it will change the nature of that establishment. Whether it is profitable or not, is not an issue for Commission consideration. I believe changing the closing hours will be a help. Commissioner Unsworth asked what recourse the Commission would have in a year's time with a review. Assistant City Attorney Harp answered different conditions could be added in order to address those violations. Motion was made by Commissioner Eaton and seconded by Commissioner Hawkins to adopt resolution approving UP2009 -002 with the following modifications: • Restriction of hours of operation not past midnight Friday and Saturday nights. • One -year review by the Planning Commission of the operational characteristics with a request for information on the amount of alcohol sales. Commissioner Hawkins noted this is a difficult issue due to the small location with nearby adjacent neighbors. Any restaurant operation serving alcohol will have a noise impact and that is problematic. As a member of the City's Economic Development Committee, he noted their concerns with the current economic situation. The new hour restriction will result in a benefit and the annual review will allow further conditions if necessary. He noted his support of the motion. Page 5 of 15 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/19/2009 Commissioner Hillgren noted his concern of this becoming a bar. He noted his support of the Village Inn as a restaurant that serves alcohol. The reduction of hours is an important step in confirming the genuine intent to operate a restaurant that serves alcohol. He proposed an amendment to the motion to have a goal of 40 percent food sales for the annual review. The maker of the motion agreed. Commissioner Hawkins asked staffs opinion regarding food sales percentages. Mr. Lepo answered to the extent that provides the Commission with indication of this retaining a restaurant rather than a bar, that would be up to you to decide the percentage they show. Short of an outside review of the data, you will have whatever data that is submitted by the applicant. Commissioner Toerge noted we want to see improvement and these movements are helping this project become more compatible and helping the applicant become more successful. If there have been no complaints within a year and the applicant wants to stay open later, then that may be a possibility. Mr. Harp noted a violation of a goal would not be an enforceable condition. When they would come back in a year, you would look at if they had breached some of the conditions that were imposed upon them. Discussion continued on the findings and the need for evidence for enforcement. Chairman Peotter proposed to opening earlier at 7:00 a.m. Both the maker and second of the motion agreed. Chairman Peotter then proposed that the doors on the west side on Park Avenue to be used as emergency exit only after 8:00 p.m. Both the maker and second of the motion agreed. Ayes: Eaton, Unsworth, Hawkins, Peotter, Toerge and Hillgren Noes: McDaniel Excused: None � *x SUBJECT: Balboa Inn Hotel /Sienna Restaurant (PA2008 -197) ITEM NO.3 105 Main Street PA2008 -197 The applicant is requesting an amendment to Use Permit No. 3158 to: 1) reduce Approved and reconfigure the floor area allocated for restaurant dining; 2) expand the venue or private events with live entertainment to include the use of the covered courtyard; 3) extend the hours for private events with live entertainment; 4) increase the umber of private events with live entertainment permitted per month and remove restriction that prohibits such events from occurring during the months of July an August; and 5) allow live entertainment for the patrons of the restaurant within the covered courtyard Jaime Murillo, Associate Planner, gave an overview of the staff report. Page 6 of 15 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/19/2009 Commissioner Hawkins noted he had an ex parte conversation with Mr. Baers regarding this application. Commissioner Eaton asked about allowing noise in the courtyard and extent of use in July and August. Detective Stark of the police department answered that the new owners have been very responsible in the last couple of years and with the sound devices installed the general noise has been suppressed. Our number one target is to keep the hours of operation down to a normal restaurant/bar standard operation versus the club /bar or drinking only establishment. Discussion continued on hours and the number of private event use impacts. Ron Baers, architect representing the applicant, noted: • The Balboa Inn is unique and an anchor to the community. • Special events with entertainment have been held on site under the conditions granted in 2007. No complaints or issues during that time have been logged. • The majority of events have been weddings with approximately 120 people as well as birthdays, reunions and business meetings; approximately 40% to 70% of the guests stay at the Inn. Others coming to these events arrive by taxi or cars with carpooling. • The event space includes the indoor dining, the outdoor covered courtyard and the second floor deck with wedding ceremonies taking place on the second floor bridge. • Summer months are the most popular time to book weddings. • Indoor ground space works well for special events but does not work well for a restaurant due to the large space. • We would like to dedicate the indoor space to banquet and special event use, and would reduce the restaurant use by about 34% which would reduce the parking demand. • The special event/banquet activities are part of the hotel operations, there is no separate parking requirement as it is considered part of the hotel. • We want to stage live entertainment in the courtyard or inside as the spaces function together for special events. • On -site acoustical tests on live and recorded music were conducted and show we can meet the noise ordinance standards if entertainment ends at 10:00 p.m. Staff has recommended 9:30 p.m. • The outdoor courtyard will be used for dining and will be heated. We would like to have ambient music in the afternoons 3-4 days a week Thursday through Sunday. • We ask the condition be amended to allow up to 12 events a month throughout the year. This will allow marketing access for additional venues. Commissioner McDaniel asked about the number of Friday events and if it was granted, could the hours be shortened? He noted his concern of the neighbors' achievement of the current hours of operation. How manv events Page 7 of 15 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/19/2009 are booked now? What do you need? Mr. Baers answered there is a potential for the need of the extended hours. The objective of the request is to allow more bookings, even though currently we are not even booking 8.. Commissioner McDaniel verified that they could have up to 8 events now, but that they are not booking that number now. He asked why they want to increase the event number to 12? Why do you need every Friday and Saturday? Mr. Baers answered that weddings are the major market for booking event request during the summer months of July and August. Whether it is 8 or 12 a month, if you want to reduce it back per month, we are okay with that. Commissioner Toerge noted that with the past history of only 20 bookings last year even though you are allowed to have 8 per month. It is a stretch for us to assume that you are going to have 144 events (12 a month). Perhaps granting a maximum of 12 per month with a restriction on the number per year would allow flexibility. Commissioner Hillgren asked about the parking. What was the occupancy this past summer? Mr. Baers noted there is a parking garage with seventeen stalls; the majority is parked on the street or in the major public beach lot. The summer occupancy was about 80% occupancy. Commissioner Hillgren expressed his concern for the reason of the increased number of events especially during the summer months if the inn is already full. Raymond Poumussa, representing the Balboa Inn, noted in July and August there is a demand for weddings. The Inn has a wedding package that includes suites. He confirmed that summer occupancy is 80 %. Discussion continued on the maximum occupancy use during the summer months. Commissioner Eaton asked about the live entertainment for restaurant use. Mr. Baers discussed the operational characteristics of entertainment set up in courtyard or inside. Commissioner Unsworth indicated that he had a telephone conversation with Mr. Baers. Chairman Peotter asked if there was a concern about live entertainment before 6 p.m. for private parties everyday during the week. Page 8 of 15 NEWPORT BEACH PLANNING COMMISSION MINUTES Mr. Murillo answered the concern with the hours was the noise level associated with live entertainment occurring in the courtyard. The noise standard at 10:00 p.m. is when it decreases to 50 decibels at which time the noise level would exceed the threshold. Staff is concerned with noise; however, if there are conditions that deal with noise impacts, staff would be comfortable. Hans Giroux of Giroux and Associates, speaking on behalf of the applicant, noted the numbers of the noise levels in the courtyard at the time of the analysis are representative of how they relate to the City standard. The applicant had provided a four -piece jazz band combo for live music and they provided a speaker array to play DJ music at levels that would be consistent with the type and volume of music that would be played. There was a set of drums involved during the presentation for the analysis. The level was about 80 decibels in the room which is a typical level for weddings. Our recommendation was that the management independently measure the sound levels and that they be maintained at no louder than 80 decibels. Commissioner McDaniel noted his concern of the types of bands that would be used with the different noise levels. Mr. Giroux noted that the level they had measured will meet the City standard with an adequate margin of safety at the closest home. If they choose to violate that level, then there will be recourse through the police department. Any type of band can crank up the amplification but there is a level when conversation would be useless. If the sound level inside reaches 80 decibels, it would be about 60 to 55 decibels outside with the acoustical doors that are in place. Commissioner Unsworth noted his concern of reliance on management to periodically check noise levels. Is there a permanent instrument that can be placed in the establishment to warn in excess of 80 decibels that would independently be operated with a warning signal? Mr. Giroux answered there should be some type of equipment that could be used as the electronics themselves are not that expensive. He then discussed accruing noise levels, background levels, noise spikes, party noise and noise exposures. Public comment was opened. Vic Sherritt, local property owner, referenced his submitted letter that noted his concern of the noise. He asked about the configuration of the dining room, courtyard and bar areas. His tenants had moved because of the noise in the past but since the conditions were put on a couple of years ago, he has not received any complaints from his current tenants. If this area is opened up again then it gets to what is was before. He asked about where the amplified music would be allowed and the live entertainment; doors; sound attenuation and stated that he does not want his tenants disturbed. 03/19/2009 Page 9 of 15 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/19/2009 will be back for a review. Public comment was closed Commissioner Toerge noted this is a covered enclosed courtyard that restricts noise flow onto the boardwalk toward the adjacent residential properties. This is not a nightclub and the facility will close at 9:30 p.m. This proposal actually reduces the parking demand but does not reduce the in lieu parking fee. This is an improved project with taken measures to preserve peace and enjoyment of adjacent properties. Motion was made by Commissioner Toerge and seconded by Chairman Peotter to adopt resolution approving an amendment to Use Permit No. 3158 with modifications: • Condition 19 — live entertainment limited to 96 per year. • Designate areas where live entertainment can take place, at the northerly end of banquet room and at the northerly end of the covered courtyard off the elevator. Commissioner Eaton noted Condition 14 is problematic and is different than what was previously approved. Commissioner McDaniel noted his concern with live entertainment drawing in the public which would mean it would turn into a bar and becomes an issue especially during the summertime. Commissioner Hillgren asked about summer parking with an additional special event potentially adding 100 cars. Mr. Murillo answered the current use permit granted a waiver of forty -two parking spaces based upon the restaurant net public area and the ability to have live entertainment within interior dining rooms. The applicant is reducing the net public area associated with the restaurant and have also proposed to temporarily close that bridge dining area to further reduce the parking requirement. The Balboa parking lot is impacted during the prime summer months `till about 8 o'clock. Commissioner Hillgren noted there will be more people which will mean more cars. If you add another 60 -70 cars to that area, what will be the net impact? Can that area handle that? We are allowing this during prime time and arguably they could do this during the summer months. Mr. Murillo stated they have the ability to have private events, currently. What we are doing is allowing them to enhance those events with live entertainment. The likelihood they will have more events will increase and there will possibly be an impact on the public private parking lot. Commissioner Hillgren noted if this was allowed, the other businesses that are attempting to be successful as well could be impacted. Page 10 of 15 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/19/2009 Mr. Murillo answered perhaps it could be 12 events per month, no more 96 per year. Commissioner Unsworth noted this is a small hotel and is concerned with the live entertainment for the restaurant patrons as those patrons may want to continue drinking contributing to drunken driving issues. Commissioner Hawkins, referring to Condition 9, asked about the in -lieu fees. Mr. Murillo answered this is a carryover condition from the 1986 approval. At that time the payment for in -lieu parking funds was allowed. The intent was to pay into a fund for the City to seek additional parking opportunities. That program has since been put on hold until the fees are analyzed. The current fee is $350 /space per year. Commissioner Hawkins asked about Condition 14. He suggested that this condition does contradict Condition 19 and suggested Condition 14 be stricken as it allows live entertainment outside in the covered courtyard. He then asked what recourse the residents would have. Mr. Harp, answered code enforcement will conduct an inspection and could initiate the violation process. Mr. Murillo added that there is a provision for the Planning Director to bring this back for review at any time if there are significant problems identified as noted in Condition 25. Commissioner McDaniel suggested the review come back in six months. This would give the applicant a chance to see what can be done and give the Commission the ability to observe the operations during the summer months. Commissioner Unsworth noted his concern of the entertainment becoming band and therefore this could become a bar. Commissioner Toerge noted they have to abide by the City's Noise Ordinance. The courtyard is covered and sealed with the only exposure to outside on Main Street, which is a commercial district. Music in that location is quieter and would not negatively impact the adjacent residential property. So long as they are within the noise restriction and closing at 9:30 p.m., there should be no problem. Commissioner McDaniel suggested restricting Condition 14 to 4 nights a week. He also suggested having this come back for review in six months. The maker and second of the motion agreed. Mr. Baers agreed. The Motion includes amending: • Condition 14 — live entertainment four Page 11 of 15 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/19/2009 • Condition 19 — live entertainment limited to 96 per year • Condition 25 — this item come back in six months for a review. It was determined that restricting location of live entertainment was covered in Condition 12. Ayes: Unsworth, Hawkins, Peotter, McDaniel, Toerge and Hillgren Noes: Eaton Excused: None SUBJECT: Spatique Massage Establishment (PA2009 -005) ITEM NO.4 120 Tustin Road Suites C & D PA2009 -005 A use permit for a massage establishment pursuant to Chapters 20.42 and Approved 20.87 of the Municipal Code. The applicant's request is to add massage services to an existing establishment providing skin care and tailoring services. The applicant also requests a waiver of location restrictions since the facility is located within 500 feet of another independent massage establishment. Ms. Fern Nueno gave an overview of the staff report. She clarified that the term accessory is identified if it is less than 25 percent of the square footage of the location and in conjunction with a health club, chiropractic office or gym. Spatique is not one of those categories so it can not be considered an accessory massage establishment per Section 20.87 of the Municipal Code. Chairman Peotter noted that according to the applicant's letter, they are open Monday through Friday 10 a.m. to 6 p.m. and 10:00 a.m. to 3:00 p.m. on Saturday. Ms. Nueno noted there could be a discrepancy with the application, and suggested that the applicant give information regarding the hours and days of operation. Commissioner Hillgren asked about the location restriction between a park and a massage establishment. Are there other laws or restrictions on massage? Mr. Harp answered that traditionally massage establishments were known for nefarious activities and the idea was to keep them away from children and park areas. Mr. Nueno added this massage business needs to obtain a massage permit through the Police Department as well as Planning Commission approval. There will be restrictions and conditions to assure that this is a legitimate massage service. Commissioner Toerge asked about the uses designated for each of the rooms. He was answered that one is set up for facial and skin care and the other one will be for the massage. Kyong Wilson, owner of Spatique, noted they are not open on Sunday and Page 12 of 15 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/19/2009 Monday. The massage therapy she is asking provides lypo massage and the massaging is done by a machine while the customer is fully clothed in a body suite. She then explained the process. Commissioner McDaniel asked the nature of the current business with this request. Ms. Wilson answered she has been designing clothes for a number of years and this lypo massage will take care of those little bulges so that clothes will fit better on her customers and this will increase her business. Commissioner Hawkins asked if this is a typical massage application. Mr. Wilson, co- owner, added the lypo machine happens to fall under the definition of massage. It is a different style of massage but falls under that definition. Ms. Nueno added that they are required to have a license and a massage technician, which is why it requires this permit. Ms. Wilson answered that is correct and she will go to the Police Department for the license after approval by the Commission. This is an FDA approved machine and the manufacturer does not require disrobing. Mr. Harp noted we can add a condition that is more descriptive that we are authorizing "X" and that is the basis of why we are allowing them to be within 500 feet of a park because of the special machine use and that the patrons are clothed. Ms. Wilson added that the body suit is recommended by the machine manufacturer. Public comment was opened. Nancy Clark noted her support of this project. Public comment was closed. Motion was made by Commissioner Toerge and seconded by Commissioner Hawkins to adopt resolution approving UP2009 -001 with a change to allowing the operation seven days a week. Ayes: Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge and Hillgren Noes: None Excused:1 None NEW BUSINESS: SUBJECT: GPA annual review ITEM NO. 5 An annual review of the Preliminary Fiscal Year 2008 -2009 Capital Page 13 of 15 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/19/2009 Improvement Program to determine consistency with the General Plan and PA2007 -195 Coastal Land Use Plan, and to make recommendations to the City Council concerning the proposed public works projects. Received and filed Ms. Whelan, Assistant Planner, gave an overview of the staff report. Commissioner Eaton asked about the response to the HDC letter received in October. Ms. Whelan answered staff is working on the response. Mr. Harp added that there are issues that need to be decided by City Council and how they will be responded to. Public comment was opened. Tricia Harregan, speaking on behalf of the Newport Beach Housing Coalition noted she read the report and has spoken to Ms. Whelan who will be sending additional information. Motion was made by Commissioner Hawkins and seconded by Commissioner McDaniel to receive and file. Ayes: Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge and Hillgren Noes: None Excused: None gee ADDITIONAL BUSINESS: City Council Follow -up — none. Planning Commission reports. — Commissioner Hawkins noted EDC met and received a report from the Daily Pilot/Los Angeles Times as to the character and status of the newspaper; they also received a report from the CEO of the .Convention and Visitors Bureau on the sponsorship of a Hotel Business Improvement District as well as a special events advisory committee to the Council. Commissioner Eaton noted the General Plan Implementation Committee met and worked on the bluff setback issues and decided they want to review the entire draft Zoning Ordinance before it goes to the Planning Commission and public review. It will probably come to the Commission in August. Commissioner Toerge noted the Green Building Task Force is involved in reviewing the 2008 green building standards adopted by the state. Those standards are voluntary until the middle of next year when they become mandatory. The group is deciding which of these should be mandatory now in the city and which should remain voluntary until they are mandatory by the state and in some cases offering incentives to the extent building developers comply with some of these standards that are not mandatory. Page 14 of 15 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/19/2009 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report — Mr. Alford discussed the AB1234 training. Requests for excused absences - none ADJOURNMENT: 9:50 p.m. BARRY EATON, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 15 of 15