PLANNING COMMISSION MINUTES JANUARY 13, 2010

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1 Approved 1/27/10 PLANNING COMMISSION MINUTES JANUARY 13, 2010 A regular noticed meeting of the Planning Commission of the City of Laguna Beach, California, convened at 6:30 P.M. in the City Council Chambers on January 13, ROLL CALL: Present: Absent: Chairperson Anne Johnson, Chair Pro Tem Linda Dietrich, Commissioners Norm Grossman, Robert Whalen and Robert Zur Schmiede. Commissioner Linda Dietrich Staff Present: Ann Larson, Planning Manager Carolyn Martin, Principal Planner Linda Kleppe, Administrative Assistant PUBLIC HEARINGS 1. Temporary Use Permit and Coastal Development Permit to: 1) relocate a temporary trailer containing MRI equipment from its current location adjacent to the Mission Hospital emergency entry to the parking lot located between the Hospital and Physicians Center West (office building); 2) install a temporary chiller adjacent to the temporary trailer; and 3) install associated sound walls, for up to three years, on the Mission Hospital Laguna Beach Campus located at Coast Highway. Carolyn Martin summarized the staff report. Questions of Staff: In response to Commissioner Grossman regarding Condition #11, Ms. Martin stated that after the equipment and sound walls are installed, noise studies will be conducted to confirm compliance with the Noise Ordinance. Ms. Martin confirmed for Commissioner Johnson that there are other TUP s that have been approved for three-year durations. In response to Commissioner Whalen, Ms. Martin clarified that the applicant had not yet submitted an application to construct necessary hospital modifications for new MRI equipment. The proposed temporary uses could be considered to be similar to and no more obnoxious than what is normally allowed in the area, such as construction trailers and equipment that would be allowed in the zone for a temporary use. Public Testimony Regarding the Project: Lars Galuppo, the construction manager, noted that the noise survey consultants were also present to answer questions. He understood that a

2 positive impact was important and respected the neighbors concerns. The proposed modifications will improve vehicle access and improve the dignity of the patients being wheeled out to their vehicles. The hospital is requesting a three-year TUP in order to meet the many competing needs within their hospitals. They are unable to commit to having the MRI equipment located inside the hospital prior to the three-year TUP. They recently submitted a Request for Proposals (RFP) and selected the electrical contractor to start phase one of the construction at the hospital to install the chiller in order to eliminate the need for the temporary chiller. In response to Commissioner Johnson regarding the process for installing the MRI unit inside the hospital, Mr. Galuppo stated that the building is under capacity for cooling the air inside the hospital and needs a chiller to cool the operating rooms during the summer months. The existing MRI no longer works and the cost for a new one is 2.1 million dollars. It will take approximately two years to process the inside chiller because they need to obtain funding for it. They anticipate that it will be done prior to the end of the three-year TUP. They anticipate removal of the temporary chiller within one year and hope to have two chillers installed inside the hospital building by the end of Mr. Galuppo confirmed for Commissioner Zur Schmiede that it will take one year to process the permanent chiller and two years for the MRI. Larry Gibney, resident, stated that he is not for or against the proposal, but wanted to know what the neighbors recourse would be if the noise were louder than what is allowed in the staff report. He was concerned that the equipment might have an echo if located in the proposed bowl area of the property. Fred Greve, noise engineer with Mestre Greve & Associates, stated that Condition #11 requires testing of the equipment to confirm that the equipment is in compliance with the Noise Ordinance. If it is not, the City has the option of enforcing the Noise Ordinance. The equipment would need to meet the decibel limit the entire time it is operating. He noted for Commissioner Grossman that the current level in the Council Chambers was about 45 decibels (dba). Inside noise sounds louder than outside and the outside ambient noise level in that neighborhood is around 57.3 dba at night near the highway and along the access road by the hospital. Commissioner Grossman noted that technically the allowed hospital noise level would be more restrictive by their agreeing to 50 dba because the ambient noise level would be greater. Mr. Greve stated that it was intentional because of the ambient noise. They would conduct the noise readings during the quiet times near Coast Highway, which would be late in the evening. Regarding the concerns about echo noise, the inside of the sound wall will be absorptive material to eliminate noise from bouncing from the walls. In response to Commissioner Johnson, Mr. Greve stated that the MRI is not loud and the chiller is a newer, different type of equipment than what is currently used at the hospital. If it is louder than 50 dba, then they would inspect the equipment to determine the problem. Bob Smith, Circle Drive, wanted to know if the chiller would have its own power source because that was an issue with the previous chiller. He wanted to be sure that the chiller is not PC Minutes 2 January 13, 2010

3 allowed to operate unless the noise is below the allowed decibel level. He wants to know if could be operated with propane to be quieter. Steve Domestico, Florence, stated that his residence is at the entrance to the emergency road and that the generator used to fuel the machinery, which was on 24 hours a day, was the noise that was disruptive to the neighbors. He did not believe there was ambient noise on Coast Highway at 11:00 p.m. or 12:00 a.m. at night because people are able to leave their windows open. He appreciated that the hospital would be upgraded but the neighbors would also like to be able to enjoy quiet use of their homes. Sally Coffey, Fifth Ave., reiterated that they were subjected to the noise from the chillers last summer and wanted to know what would happen if the noise level exceeded 50 dba. She received confirmation that the hospital would not be allowed to increase the noise level. She wanted to know if a decision on the matter could be postponed until some of the neighbors returned from out of town, noting that they had only recently received the public hearing notice. Rebuttal: Mr. Galuppo stated that they have only had ownership of the hospital for six months and they understand the prior issues. Their intention is not to have that happen again. The previous chillers were undersized and they will now be getting sound walls. They will have enough power so they will not need generators. Mr. Galuppo confirmed that they plan to have the equipment hard-wired so there will not be a need for generators and they will not need emergency backup generators. The new temporary chiller will be operational by this summer. Mr. Greve stated that the temporary chiller will be completely removed from the site when the permanent chillers are installed. There will be two permanent chillers operating at all times and one additional temporary chiller this summer. In response to Ms. Coffey s testimony, Ms. Martin clarified that a Temporary Use Permit requires public hearing notices to be mailed 10 days prior to the hearing date, which was what was adhered to with this application. Commissioners Comments: Commissioner Zur Schmiede thanked the hospital people for trying to address the noise issues. He confirmed that a three-year TUP is the maximum amount of time the temporary use would be allowed. He was ready to move forward with a decision because the Commission has heard the neighbors issues and he did not believe there would be any new testimony if they delayed making a decision. Commissioner Grossman stated that the key issue to focus on is the noise. The applicant is committing to a noise level that is less than what is allowed in the Noise Ordinance. As long as the measured noise level is less than 50 dba they would be in compliance with the TUP. He wanted to add language to the conditions of approval that the noise level must stay below 50 dba at the affected neighborhood property line. He was ready to move forward with a decision. Commissioner Whalen wanted to be sure that the dimensions of the sound walls are stated on the plans. Commissioner Grossman noted that they are in the table on page 24 of the staff PC Minutes 3 January 13, 2010

4 report, which would be carried forward with an approval of the project. Ms. Larson noted that Condition #4 states that the project has to be in compliance with the plans and exhibits and cannot be changed unless the TUP is amended. Commissioner Johnson stated that she had been concerned regarding Conditions #11 and #12 and believed her concerns had been addressed by Commissioner Grossman. Motion NG Second RZ Action Approve Temporary Use Permit and Coastal Development Permit at Coast Highway, subject to amended conditions. Motion carried 4-0. Vote: Grossman Y Whalen Y Zur Schmiede Y Dietrich Absent Johnson Y 2. Temporary Use Permit (replacing Conditional Use Permit 09-34) to allow outdoor nonamplified live entertainment consisting of one to two musicians at an existing restaurant on the first and third Thursday of each month from 6:00 p.m. to 9:00 p.m., at 640 South Coast Highway, Suites 1A and 1B (Taco Loco). Ann Larson summarized the staff report, noting staff s concerns about residential uses behind the restaurant. Questions of Staff: Commissioner Grossman noted that the nights the applicant is proposing are the same as the monthly Art walk that there are already a lot of activities and noise. Ms. Larson noted that the proposed area for the live entertainment is not normally in a place where people are congregating for the Art walk. Public Testimony Regarding the Project: Anthony Aguilera stated that, after listening to the other items at the last meeting, he thought it made sense to ask for non-amplified music. The intent is not to have a lot of noise. If the Commission is concerned about noise or if the noise level when measured is more than that allowed by the Noise Ordinance, it could be prohibited. He was asking for a TUP on a temporary basis to see if it is feasible. He wanted a range of instruments so it would not be limited to just a guitar. Gonzalo Rebollar, owner of the Taco Loco restaurant, stated that they are requesting the instruments to create atmosphere for just two times a month. He does not want conflict with the neighbors who have been good to him. Colby Durnan, with the Pacific Edge Hotel, believed that granting the proposed use should be contingent upon a noise study. Ms. Larson was concerned about granting a use contingent upon a noise study because staff would need to see where the noise levels were taken and how the study was conducted. Commissioners Comments: Commissioner Zur Schmiede noted that, if the use is approved and issues arise, the Commission could review the TUP conditions and make adjustments. He noted that the business has been there for a long time and if the applicant tries it and there are PC Minutes 4 January 13, 2010

5 problems, the Commission can deal with it. He believed the applicant understands that they need to adhere to the Noise Ordinance. He stated that the applicant should err on the side of caution and not hire percussionists. Commissioner Grossman stated that the issue is the noise level and whether it is being adhered to. After discussion, the Commission was in agreement to grant a TUP for the requested live entertainment, with the expiration of the TUP to be October 1, All live entertainment should cease at 9:00 p.m. Motion NG Second RZ Action Approve Temporary Use Permit at 640 South Coast Highway, Suites 1A and 1B, subject to conditions outlined by the Planning Commission. Motion carried 4-0. Vote: Grossman Y Whalen Y Zur Schmiede Y Dietrich Absent Johnson Y REGULAR BUSINESS 3. Discussion Modifications - Non-Conforming Structures ( ). After discussion, the Commission requested staff to prepare amended language to address the issue of applicants keeping one nonconforming wall while demolishing the rest of the entire structure. The Commission would like feedback from staff and, after reviewing the language, would also like comments from the Design Review Board. 4. Minutes The minutes from the December 9, 2009 meeting were approved. 5. Departmental Reports Ms. Larson reported that the City had received over 480 applications for the position of Planning Technician. 6. Commissioners Reports Chairperson Johnson reported that the Business Task Force had discussed ways of allowing artwork from the local galleries to be displayed in the windows of vacant units in the downtown buildings. 7. Adjourn The meeting adjourned at 7:55 p.m. to the regular Planning Commission meeting on January 27, PC Minutes 5 January 13, 2010

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