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HomeMy WebLinkAbout03/20/2014 - Planning CommissionNEWPORT BEACH PLANNING COMMISSION MINUTES IV. V. VI CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers —100 Civic Center Drive Thursday, March 20, 2014 REGULAR MEETING 6:30 p.m. CALL TO ORDER - The meeting was called to order at 6:30 p.m. PLEDGE OF ALLEGIANCE — Commissioner Kramer ROLL CALL PRESENT: Ameri, Brown, Hillgren, Kramer, Lawler, Myers and Tucker ABSENT: None 3/20/14 Staff Present: Brenda Wisneski, Deputy Community Development Director; Leonie Mulvihill, Assistant City Attorney; Tony Brine, City Traffic Engineer; Gregg Ramirez, Senior Planner; Melinda Whelan, Assistant Planner; Ben Zdeba, Assistant Planner; Marlene Burns, Administrative Assistant PUBLIC COMMENTS Chair Hillgren invited those interested in addressing the Planning Commission on items not on the agenda, to do so at this time. Seeing no one wishing to speak, Chair Hillgren closed public comments on non - agenda items. REQUEST FOR CONTINUANCES - None CONSENT ITEMS ITEM NO. 1 MINUTES OF MARCH 6, 2014 Chair Hillgren reported receiving written comments with corrections to the minutes of March 6, 2014. Chair Hillgren opened public comments. Seeing no one wishing to speak, Chair Hillgren closed public comments for this item. Motion made by Commissioner Brown and seconded by Commissioner Myers and carried (6 — 1) to approve the minutes of March 6, 2014, as corrected with Commissioner Ameri, abstaining. AYES: Brown, Hillgren, Kramer, Lawler, Myers and Tucker NOES: None ABSTENTIONS: Ameri ABSENT: None Page 1 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 3/20/14 VII. PUBLIC HEARING ITEMS ITEM NO. 2 CRYSTAL COVE NURSING FACILITY PARKING LOT (PA2013 -238) Site Location: 1455 Superior Avenue, F Assistant Planner Melinda Whelan presented details of the proposed project addressing location, zoning, proposed use, landscaping, lighting, screening and circulation and site plan. She added that circulation has been reviewed and approved by the City's Traffic Engineer. Chair Hillgren noted there was a comment regarding direction of traffic flow and asked for clarification. City Traffic Engineer Tony Brine reported that the direction of the flow shown on the plan (northbound through the new parking area) was proposed by the applicant. He noted that directional flow could be changed to go northbound or southbound and would function just as well. Another option would be to make it two (2) -way but there would be a loss of one (1) parking space towards the bottom end of the parking area. Chair Hillgren stated that the proposed plan makes the most sense. In response to his inquiry regarding other potential developments that might occur on the site, Ms. Whelan reported that it is zoned RM for residential and could potentially have single - family or multi - family residential units. Chair Hillgren opened the Public Hearing. Steve Miller, representing the Architect for this project, requested approval of the Conditional Use Permit adding that they are eliminating a blighted house and providing additional parking for the existing skilled nursing facility. Jim Mosher highlighted written comments he submitted earlier and referenced an aerial photo in the report noting that it was presented in connection with another facility considered by the Planning Commission which resulted in displaced parking for the subject facility. He commented on the need for improved planning and reconsideration of the formula used for determining parking needs. Chair Hillgren closed the Public Hearing. Motion made by Commissioner Brown and seconded by Commissioner Myers and carried (7 — 0) to adopt Resolution No. 1937 approving Conditional Use Permit No. UP2013 -027. AYES: Ameri, Brown, Hillgren, Kramer, Lawler, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: None ITEM NO. 3 THE STAG BAR AND GRILL AND THE STAG HOTEL (PA2013 -153) Site Location: 121 McFadden Place Assistant Planner Benjamin M. Zdeba provided details of the proposed project addressing proposed uses and existing conditions. He added that the existing abutting liquor store will be eliminated as part of the project, that the applicant is proposing to reduce the number of hotel rooms from eleven (11) to eight (8) and that each room will have its own restroom and kitchenette. He addressed location, surrounding uses, parking as served by the existing municipal parking lots, proposed patio area, background, existing and proposed floor plans, occupancy, proposed operating hours, conditions of approval, parking requirements and a request to decrease parking requirement by nine (9) spaces. Mr. Zdeba added that the expansion of the bar is the only trigger for the parking waiver. He addressed the proposed addition of roof -top decks and the requirements that the applicant register the hotel and Page 2 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 3/20/14 therefore, pay transient occupancy tax (TOT) to the City. Mr. Zdeba presented findings and recommendations as stated in the staff report. In response to Chair Hillgren's inquiry, Mr. Zdeba reported on the noticing process for this matter. Chair Hillgren noted that the applicant has other properties in the City, including Malarky's and asked if there have been compliance issues with same. Assistant City Attorney Leonie Mulvihill stated that the Use Permit was never utilized, but to her knowledge there have been no Code Enforcement issues related to that property in recent history. In response to Commissioner Brown's inquiry regarding whether the hotel would preclude stays longer than thirty (30) days, Mr. Zdeba reported that there is a maximum duration of stay within the conditions of approval of the draft resolution and that additionally, there is a condition requiring the registration of the hotel as such, within thirty (30) days. Vice Chair Tucker commented on the elimination and addition of 476 square feet and requested clarification. In particular, he asked why the area that shows the elimination of 476 square feet is treated as a reduction in square footage when it actually is an outdoor seating area that is covered and largely enclosed. Mr. Zdeba reported that by definition, the Zoning Code does not count areas that are open on one (1) side, towards gross floor area. Because the proposed patio has a non - enclosed side, it would not be counted towards floor area. He addressed parking requirements per occupant and reported that the occupant load counts towards the overall parking for the property. In response to Vice Chair Tucker's inquiry, Mr. Zdeba reported that comments received regarding the draft resolution from the public have been addressed. He added that staff is proposing an additional Condition of Approval that ties the improvement of the bar establishment to the hotel by the issuance of the final Certificate of Occupancy that is required to include all improvements shown on the plans. Assistant City Attorney Mulvihill added that a finding is being added to the resolution that the Planning Commission is approving the Conditional Use Permits based on the finding that they will both be implemented. Chair Hillgren commented on the number of seats being added and parking requirements and asked for clarification. Mr. Zdeba reported that 129 seats are proposed, including the patio and stated that the occupancy will increase to 207. He addressed parking, noting that the applicant provided parking counts as well as a parking survey and a survey of patrons and how they arrived at the facility, which is representative of how patrons get to the establishment. He further noted that any use occupying the liquor store tenant space would be subject to the same conditions relative to parking. In this case, staff reviewed the property with respect to its proximity to municipal lots as well as the amount of traffic coming to the area, with the City's Public Works Department. He reported that the existing liquor store generates more average daily trips than the proposed bar expansion. Chair Hillgren commented on parking waivers and asked whether consideration was given to a parking management plan or payment for use of public parking. Mr. Zdeba stated that the fact there is no on -site parking makes it difficult to have the applicant propose a parking management plan. Page 3 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 3/20/14 Senior Planner Gregg Ramirez reported there is currently no parking in -lieu fee program administered by the City. Commissioner Lawler asked regarding the timing of the parking study and Mr. Zdeba noted that the parking study was provided on a separate weekend than the parking counts provided by the applicant. Deputy Community Development Director Brenda Wisneski shared parking data collected in the Balboa Village area, which has similar characteristics. Commissioner Kramer commented on review of the project by the Newport Beach Police Department and asked for clarification. Detective Randy Parker, Newport Beach Police Department, provided details of the Police Department's findings and recommendations. He addressed concerns with the elimination of the existing liquor store in terms of the added traffic that will be generated by the proposed project. He reported that the liquor store is a hub for all of the bars in the area. He added that the Department has worked with the applicant regarding his other properties and that he has proven that he is willing to work with the Police Department regarding their concerns. Detective Parker addressed the applicant's willingness to cooperate with the Police Department and noted that the applicant's record in terms of his other properties is clean with respect to the patrol level and investigations level. He commented positively on the proposed renovation of the hotel adding that the applicant will need to register as a hotel which will allow for increased regulation of the facility. Chair Hillgren referenced the Police Department's memo noting that one of the requests was for the applicant to reduce the hours of operation for the outdoor patio and that the applicant offered to reduce the occupancy instead of reducing the hours of operation. He asked for clarification. Detective Parker noted that overall, the Police Department was concerned with the occupancy during peak hours and that the applicant addressed that concern by reducing the occupancy level. Additionally, he noted that enforcement of occupancy will be handled by the Police and Fire Departments as well as Code Enforcement. Detective Parker confirmed to Vice Chair Tucker that if the Police Department had to make a choice, it would rather allow more patrons with the facility being required to have an operator's license, rather than current status with fewer patrons without the requirement of an operator's license. Commissioner Ameri asked whether or not the proposed use will have less of a traffic impact than the existing use. Mr. Zdeba reported that a convenience market generates more average daily trips than a restaurant. Chair Hillgren opened the Public Hearing. Mario Marovic, Applicant, provided a PowerPoint presentation addressing proposed project elevations, existing conditions, background, efforts working with the Police Department, history of the Stag Bar, details of the proposed project, improvements to the existing facility, highlights of a proposed security plan, details of a use - comparison chart, restrictions to be put in place, community outreach and impacts to the community. He thanked the Planning Commission for considering his project and asked for support of the project. Vice Chair Tucker commented on changes in the conditions that would require the improvements to both the bar and the hotel to be completed at the same time and Mr. Marovic indicated those changes were acceptable to him. Page 4 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 3/20/14 Vice Chair Tucker confirmed that Mr. Marovic was willing to have additional restrictions than those that are typical burdens to the operation of the bar. Vice Chair Tucker noted that having those additional operating restrictions run with the land is important because the additional matters that Mr. Marovic is proposing will ensure that future operators will be bound by those provisions at a later date when Mr. Marovic is no longer the operator. In response to Vice Chair Tucker's inquiry, Mr. Zdeba noted that the security plan is not in the resolution but that the Operator License will ensure that it will be in place. He added that the Police Department will review the security plan. Discussion followed regarding the necessity for the Planning Division to review the security plan and Assistant City Attorney Mulvihill presented options available to the Commission in this regard. Mr. Marovic reported that a detailed security plan was included with the Operator License application to the Police Department. Vice Chair Tucker noted that it will be the duty of the Planning Department to ensure that future operators comply. Chair Hillgren reported that typically, a one (1) -year review is required for bar uses and asked if that it acceptable. Mr. Marovic responded affirmatively. Chair Hillgren asked regarding the percentage of food sales and Mr. Marovic reported their license (Type 48) does not allow anyone under twenty -one (21) to enter the establishment. He stated he would be hesitant to agree with establishing a percentage of food sales since he is unsure regarding the type of food he will be selling. He added that he will operate the kitchen as long as there is a demand to operate it. Commissioner Brown commented on Mr. Marovic's plan to hire an executive chef and asked whether he considers food service as ancillary. Mr. Marovic reported that he currently has an executive chef working for him who will formulate a menu. He compared the type of food that will be served to that served at The Wild Goose Tavern in Costa Mesa adding that it will be a gourmet, elevated pub -grub menu. Decisions regarding operating hours of the kitchen will be determined according to the demand observed. Vice Chair Tucker asked regarding the proposed exterior of the building and Mr. Marovic reported that they will use reclaimed - looking brick as detail along with smooth stucco and black granite will wrap around the bottom of the building. Additionally, he addressed the materials for the windows. Erica Parsons expressed support for the project and commented positively on Mr. Marovic's other ventures in reviving distressed businesses. She commented positively on the current operation of The District as well as the changes implemented to Malarky's and the proposed elimination of the liquor store. Steve Rosansky, President of the Newport Beach Chamber of Commerce, urged the Planning Commission to approve the proposed project and commented in its support. Nathan Holthouser, Commercial Real Estate Broker, voiced support for the proposed project, stated that it will be the highest and best use for the building and listed benefits adding that it will positively impact the community. Brian Harrington spoke in support of the proposed project and noted the positive impacts of Mr. Marovic's improvements to Malarky's. He added that he uses a very sophisticated point -of -sale system Page 5 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 3/20/14 that will determine his food sales and noted that the remodeled hotel will bring in TOT revenue for the City. Jim Mosher commented on the increase in occupancy and on the amount of square footage on the lot as well as the outdoor patio. He suggested that the Planning Commission consider that there should be glass in the patio windows to minimize interaction between the patrons inside and pedestrians outside the establishment. He commented on the lack of permits and asked if they have the right to continue the present use without same. He noted that nothing has been presented in writing that the conditions will run with the land and commented on the bar operating during prohibition adding that if it did, it did so illegally. Additionally, he noted that according to California law, it is illegal to sell liquor from 2:00 a.m. to 6:00 a.m. Chair Hillgren noted that Conditional Use Permits run with the land so that conditions will stay in place. Josh Yocam commented in support of the proposed project. He commented on the significance and historic nature of the area and suggested that the established parking ratio may be antiquated. He addressed elimination of the existing liquor store, improvements to the building fagade and the importance of a full - service restaurant in the area. He commended staff, the Police Department and the Marovic family for improving the area and urged the Planning Commission to approve the plan. Brent Ranek commented in support of the proposed project. He addressed Mr. Marovic's work in improving the area, parking and elimination of the existing liquor store. He noted that the City needs the TOT to pay for pensions. Tyler Gentry spoke in support of the proposed project and commented positively on Mr. Marovic's efforts to improve the area as well as other establishments. Bridgette Godley spoke in support of the proposed project, especially the elimination of the liquor store. Kevin Gibbs spoke in support of the proposed project and on Mr. Marovic's efforts to improve the area and the community. Mike Raghavi commented positively regarding living in Newport Beach and spoke in support of the proposed project. Chair Hillgren closed the Public Hearing. In response to Commissioner Brown's inquiry, Mr. Marovic stated his vision for the proposed patio and noted addressing issues of concern with the Police Department. He explained that the plans include a six (6) -foot partition for the patio. Discussion followed regarding the partition between the patio and the sidewalk. It was noted that the plans referenced in the staff report are part of the Conditions of Approval. Brief discussion followed regarding existing pilasters and gaps in the glass on the patio. In response to Commissioner Lawler's question regarding the square footage, Mr. Zdeba referenced Condition of Approval No. 17 and that the proposed barriers are to define the outdoor dining area. Staff considers it to be open due to the fact that it is not entirely enclosed. Deputy Community Development Director Wisneski noted that the elevation could be modified for the patio to be more open and provided options for the Commission's consideration as well as additional requirements should changes be made. Page 6 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 3/20/14 Commissioner Ameri indicated he would rather see six (6) -feet of vertical separation between that area and the sidewalk than to eliminate something that may not be interpreted as complying with the code. He added that the glass justifies the fact that it is an open area. Commissioner Lawler stated that the code is vague and open to interpretation. Discussion followed regarding elements that make the space a patio, the location of the proposed decks for the hotel units, intensity of use and demand on parking. Ms. Wisneski noted that the area is included in the parking requirement even though it is not square footage since it is based upon occupancy. She stated that if the area is defined as enclosed, there would be no additional parking requirements. She noted the possibility of eliminating some of the pilasters and reported that if the Commission wants to consider it enclosed, a variance would be necessary to exceed the allowed floor area. Vice Chair Tucker stated he would rather have the proposed architecture and that he is comfortable with the proposed patio. Commissioner Ameri agreed with Vice Chair Tucker's comments. Vice Chair Tucker commented on the detriments of the project were an expanded bar with no new parking but noted the benefits of the project included implementation of a conditional use permit and an operator's license neither of which is required presently, the upgrading of the hotel space, the removal of the liquor store and the refurbishment of the exterior of the building. In his opinion, the benefits exceeded the detriments and he indicated he would support the project although he usually does not support more intense nightlife on the Peninsula. Commissioner Kramer commended the applicant for working with the City and the Police Department. Chair Hillgren commended the applicant and City staff for their efforts on this project. Motion made by Commissioner Kramer and seconded by Vice Chair Tucker and carried (7 — 0) to adopt Resolution No. 1938 Conditional Use Permit No. UP2013 -016 for The Stag Bar and Grill; and adopt Resolution No. 1939 approving Conditional Use Permit No. UP2014 -005 for The Stag Hotel, incorporating staff changes that were distributed under separate cover and adding a condition that requires the Operator's License to include a security plan that addresses guard cards for security staff as well as a condition requiring ABC training for management and a one (1) -year review of the project by the Planning Commission. AYES: Ameri, Brown, Hillgren, Kramer, Lawler, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: None Mr. Marovic thanked City staff for their help on this project. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO.4 MOTION FOR RECONSIDERATION - None ITEM NO. 5 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Deputy Community Development Director Wisneski stated there have been no committee meetings since the Planning Commission's last meeting, so there is nothing to report. Page 7 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 3/20/14 She addressed General Plan Amendment EIRs noting they have been distributed to Members of the Commission. Additionally, she reported that City Council will be reviewing the Jewish Center's appeal on March 25, 2014, and referenced the Commission's tentative meeting agenda which was distributed to each Member and highlighted upcoming matters for the Commission's consideration. In response to Vice Chair Tucker's inquiry, Ms. Wisneski addressed matters that have been recently considered by Council as well as upcoming matters related to the Planning Commission. Assistant City Attorney Mulvihill reported that the City was served with a CEQA challenge to the Back Bay Landing project, filed by Attorney Robert Hawkins on behalf of Stop the Dunes Hotel. Committee Updates: Land Use Element Amendment Advisory Committee 2. General Plan /Local Coastal Program Implementation Committee ITEM NO. 6 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT - None ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES Vice Chair Tucker requested an excused absence for April 17, 2014, as he will be out of the country. IX. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 8:30 p.m. The agenda for the Regular Meeting was posted on March 14, 2014, at 4:00 p.m., in the binder and on the City Hall Electronic Bulletin Board located in the entrance of the Council Chambers at 100 Civic Center Drive. Page 8 of 8