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HomeMy WebLinkAbout1.0 - Draft Minutes_07-11-2016 CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers - 100 Civic Center Drive Monday, July 11, 2016 REGULAR MEETING 6:30 p.m. I. CALL TO ORDER-The meeting was called to order at 6:30 p.m. ll. PLEDGE OF ALLEGIANCE—Chair Kramer III. ROLL CALL PRESENT: Chair Kory Kramer, Secretary Peter Koetting, Commissioner Bill Dunlap, Commissioner Bradley Hillgren, Commissioner Ray Lawler, Commissioner Erik Weigand, Commissioner Peter Zak Staff Present: Community Development Director Kim Brandt; Assistant City Attorney Michael Torres; Deputy Director Brenda Wisneski; Assistant Planner Jason Van Patten; Administrative Support Technician Traci Mackinen; Police Civilian Investigator Wendy Joe; Administrative Support Specialist Jennifer Biddle IV. ELECTION OF OFFICERS 1. ELECTION OF OFFICERS 1. The Commission will elect officers to serve for the year • Chair • Vice Chair • Secretary Motion made by Commissioner Hillgren and seconded by Commissioner Weigand to nominate Kory Kramer as Chair, Peter Koetting as Vice Chair and Peter Zak as Secretary. AYES: Dunlap, Hillgren, Kramer, Koetting, Lawler, Weigand, Zak NOES: None. ABSTAIN: None. ABSENT: None. Deputy Director Wisneski welcomed Commissioner Dunlap. RECESS Chair Kramer called a recess at 6:34 p.m. The meeting reconvened at 6:47 p.m. with all Commissioners present. 2. Appoint three Commissioners to the General Plan/LCP Committee • Chair to appoint one additional member, and confirm or replace existing appointments o Existing Appointments: r Kory Kramer Peter Koetting r Brad Hillgren Chair Kramer suggested retaining the existing appointments. V. PUBLIC COMMENTS Jim Mosher discussed the importance of attendance at meetings by the commissioners. He discussed the application and appointment process and Vice Chair Brown's attendance. VI. REQUEST FOR CONTINUANCES—None. VII. CONSENT ITEMS 1 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 7/11/16 2. MINUTES OF JUNE 23, 2016 Recommended Action: Approve and file It was noted that written corrections to the minutes were submitted by Chair Kramer and Jim Mosher. Motion made by Vice Chair Koetting and seconded by Commissioner Weigand to approve and file the minutes of the Planning Commission meeting of June 23,2016, as amended. AYES: Hillgren, Kramer, Lawler, Koetting,Weigand,Zak NOES: None. ABSTAIN: Dunlap. ABSENT: None. VIII. PUBLIC HEARING ITEMS 3. THE CANNERY (PA2015-201) Site Location: 3010 Lafayette Avenue, Cannery Village Chair Kramer questioned why the matter was before the Planning Commission. Deputy Director Wisneski explained that the item was approved by staff as being in substantial conformance with the previous use permit. Upon Director's review, it was determined that there had been an operational change to the business. Assistant Planner Van Patten presented a PowerPoint explaining the proposed project. In response to Vice Chair Koetting, Assistant Planner Van Patten stated the parking was based on seat count, one space per three seats. Vice Chair Koetting questioned the outdoor seating. Assistant Planner Van Patten stated 57 outdoor seats were authorized and 44 were proposed. Commissioner Dunlap requested clarification on hours of operation. Assistant Planner Van Patten stated the restaurant could remain open until 11 pm. Vice Chair Koetting asked if the currently proposed conditions superseded the prior approval. Assistant Planner Van Patten acknowledged that the prior approvals would be superseded. Chair Kramer opened the public hearing. Ron Salsbury, applicant, explained the purpose for closing at 11 p.m. He provided historical background on the restaurant and efforts to change the clientele. He stated there was no intent to sell additional alcohol. Alex Aria, of Robinson Hill Architecture, discussed efforts to increase and maximize outdoor seating. Assistant Planner Van Patten stated the condition of approval allowed for 57 seats outdoors. Mr.Arie asked if interior seating could be reduced to allow additional outdoor seating. Deputy Director Wisneski suggested the possibility of flexibility in the conditions to allow staff to evaluate the seating count and parking spaces in conjunction with Building Codes. Jim Mosher asked whether live entertainment was allowed indoors, citing a condition that specifically prohibited live entertainment outdoors. Deputy Director Wisneski stated live entertainment was not permitted throughout the premise and explained that the condition as written had been carried over from a prior use permit. Chair Kramer closed the public hearing. Page 2 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 7/11/16 Commissioner Hillgren suggested Condition No. 10 allow a maximum of 75 outdoor seats, provided the total number of seats did not exceed 273. Deputy Director Wisneski suggested the condition establish a maximum outdoor limit of 57 seats unless a reduction in indoor seating offsets the increase, subject to approval of the Community Development Director. Commissioner Hillgren suggested identifying a maximum of 75 outdoor seats. Motion made by Commissioner Hillgren and seconded by Vice Chair Koetting to adopt Resolution No. 2021 approving Conditional Use Permit No. UP2016-032,as amended. Commissioner Hillgren clarified that no live entertainment was allowed. Vice Chair Koetting suggested they get parking credit for boats. Secretary Zak suggested allowing flexibility in outdoor seating, stating that he was accepting of the condition being silent on a cap of 75 outdoor seats. Commissioner Weigand asked if we could modify the condition regarding outdoor seating. He stated he brought it up only because it would impact the community having more people dining outside. In response to Commissioner Weigand, Assistant City Attorney Torres stated the seating was capped at 273 and the overall outdoor seating had to be an offset subject to review by City departments. He stated the notice was appropriate and the Commission had the opportunity to change conditions recommended by staff. AYES: Dunlap, Hillgren, Kramer, Koetting, Lawler,Weigand,Zak NOES: None. ABSTAIN: None. ABSENT: None. IX. NEW BUSINESS ITEM NO. 4 CODE AMENDMENT FOR SETBACK MAPS S-3A AND S-3B(PA2016-066) Site Location: 203 Via Ithaca, 300, 328, 332, 335, 408,412,416 Piazza Lido Deputy Director Wisneski explained that code amendments are usually taken to City Council for initiation but that the Zoning Code does allow the Planning Commission to initiate such applications. She indicated that it was brought to Planning Commission for the purpose of streamlining the process and reducing the City Council agenda. Assistant Planner Van Patten presented a PowerPoint explaining that the proposed Code Amendment would affect 8 properties on Lido Isle. He indicated that it would specifically address mapping errors on setback maps and addressed the purpose of setback maps. Vice Chair Koetting asked how these properties were overlooked and whether any of the properties were built in the setback. In response to Vice Chair Koetting, Assistant Planner Van Patten explained that the lots are oriented differently from the rest of the block, which likely led to the mapping errors. He explained that the properties were built correctly,the maps just needed to be updated. Commissioner Lawler asked how this error was discovered. In response to Commissioner Lawler, Assistant Planner Van Patten explained that staff noticed the error at the public counter when researching one of the properties. Page 3 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 7/11/16 Chair Kramer opened the public hearing. There being no public speakers, Chair Kramer closed the public hearing. Motion made by Chair Kramer and seconded by Commissioner Dunlap to initiate an amendment to Setback Maps S-3A and S-313 to correct setbacks for eight properties on Lido Isle, consistent with historic maps. AYES: Dunlap, Hillgren, Kramer, Koetting, Lawler,Weigand, Zak NOES: None. ABSTAIN: None. ABSENT: None. X. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION— None. ITEM NO. 6 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee Deputy Director Wisneski stated the subcommittee would have a lengthy list of issues to review. 2. Update on City Council Items Deputy Director Wisneski stated a discussion of 150 Newport Center, the La Jolla Variance appeal for reconsideration, and consideration of West Newport Mesa Street Scape Master Plan were planned for the July 21, 2016 meeting. She stated the second hearing for review of project details with the opportunity to take action on the 150 Newport Center project and a use permit for tutoring facility and Auto Nation were scheduled for August 4, 2016. She stated the Museum House study session was scheduled for August 18, 2016. Chair Kramer suggested the Museum House EIR be distributed by the end of July. Commissioner Weigand requested starting the Planning Commission meetings with large projects on the agenda at an earlier time of 5:30 p.m. Deputy Director Wisneski stated the tentative agenda schedule was subject to change but a useful tool for anticipating upcoming larger projects. She explained the scope of the Auto Nation project. Vice Chair Koetting asked if the public had commented on the 150 Newport Center project EIR and whether the conditions would change. Deputy Director Wisneski stated the consultant and staff were finalizing the responses to comments. She stated the responses would not be completed by July 21, 2016 Planning Commission meeting but there were not any environmental impacts not already identified. Vice Chair Koetting asked if the project was proceeding too quickly. Deputy Director Wisneski stated staff was encouraging reduction in height for consideration by the Planning Commission. Vice Chair Koetting stated it seemed to be moving forward too quickly. ITEM NO. 7 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT—None. ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES Page 4 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 7/11/16 Commissioner Hillgren indicated he would be absent on August 4, 2016. Secretary Zak indicated he would be absent on July 21, 2016. Commissioner Lawler indicated he would be absent on August 4, 2016. XI. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 7:30 p.m. to the Planning Commission meeting of July 21, 2016. The agenda for the Planning Commission meeting was posted on Wednesday, July 6, 2016, at 4:16 p.m. in the Chambers binder, on the digital display board located outside the vestibule of the Council Chambers at 100 Civic Center Drive and on the City's website on Wednesday, July 6, 2016, at 4:23 p.m. Kory Kramer, Chair Peter Zak, Secretary Page 5 of 5 Planning Commission - July 21 , 2016 Item No. 1a Additional Materials Received Minutes of July 11 , 2016 July 21 , 2016, Planning Commission Agenda Item Comments Comments on Newport Beach Planning Commission regular meeting agenda item submitted by: Jim Mosher( jimmosher()yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 1. MINUTES OF JULY 11, 2016 Changes to the draft minutes passages shown in italics are suggested in strikes^ A underline format. Page 2, paragraph 5 from end: "Ron Salsbury Salisbury, applicant, explained the purpose for closing at 11 p.m." Page 3, paragraph 4 after motion: "Commissioner Weigand asked if we the Commission could modify the condition regarding outdoor seating. He stated he brought it up only because it would impact the community having more people dining outside and it had not been specifically noticed." Page 4, Item 6.2, paragraph 1: "Deputy Director Wisneski stated a discussion of 150 Newport Center, the La Jolla Variance appeal for reconsideration, and consideration of the West Newport Mesa ctFeet SGapc Streetscape Master Plan were planned for the July 21, 2016 meeting. She stated the second hearing for review of project details with the opportunity to take action on the 150 Newport Center project and a use permit for a tutoring facility and Aute Nation AutoNation were scheduled for August 4, 2016." Page 4, Item 6.2, end of paragraph 4: "She explained the scope of the Uto Afat'^^ AutoNation project." Page 4, Item 6.2, end of paragraph 5: "She stated the responses would not be completed by the July 21, 2016 Planning Commission meeting but there were not any environmental impacts not already identified."