D R A F T PLANNING COMMISSION MINUTES March 1, 2017

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1 D R A F T PLANNING COMMISSION MINUTES March 1, 2017 A regular noticed meeting of the Planning Commission of the City of Laguna Beach, California, convened at 6:00 P.M. in the City Council Chambers on March 1, ROLL CALL: Present: Absent: Staff Present: Chairperson Sue Kempf and Commissioners Anne Johnson, Roger McErlane and Ken Sadler Chair Pro Tem Susan McLintock Whitin Scott Drapkin, Planning Manager Martina Caron, Senior Planner Anthony Viera, Assistant Planner Ann Marie McKay, Administrative Assistant PUBLIC HEARINGS 1. Conditional Use Permit , to amend Conditional Use Permit 67-1 for an Italian restaurant that currently offers beer and wine to add full service of alcoholic beverages including liquor at 220 Beach Street (Salerno s Ristorante). Communication Disclosures: All Commissioners have visited the site unless otherwise noted in the public hearing. Martina Caron summarized the staff report. She advised that the police calls for service were reviewed and showed nothing significant regarding Salerno s or Alessa, the other restaurant in the downtown that is owned by the applicant. Public Testimony Regarding the Project: Alessandro Pirozzi, applicant, stated that the application is in response to his customers requests. Mr. Pirozzi responded to Commissioner Sadler that Salerno s is now open consistently Tuesdays through Sundays, but remains closed on Mondays because the previous owner closed the restaurant on Mondays. Commissioners Comments: Commissioner Johnson noted that Salerno s has been around for a long time, and she stated that she is glad that it will continue to be in operation. She had no issues with the application and was ready to approve the request. Commissioner McErlane noted that the restaurant is currently operating a bar and therefore had no concerns about the request, and supported approval.

2 Commissioner Sadler also supported approval, noting that the restaurant closes by 10:00 p.m. and is not a real bar. He acknowledged the one received regarding the general proliferation of alcohol establishments, but Commissioner Sadler stated that the application is a reasonable request. Commissioner Kempf also had no issue approving the request. Motion AJ Second RM Action Approve Conditional Use Permit at 220 Beach Street, subject to conditions. Motion carried 4-0. Vote: Johnson Y McErlane Y Sadler Y Whitin Absent Kempf Y 2. Planning Commission Sign Permit to allow one non-illuminated changeable display sign at 305 North Coast Highway, Suite M (currently PELT). Communication Disclosures: All Commissioners have visited the site unless otherwise noted in the public hearing. Anthony Viera summarized the staff report and noted that the applicant has a third design option for the Commission to consider. Questions of Staff: Mr. Viera confirmed for Commissioner McErlane that changeable displays must be approved with a sign permit; therefore, they are considered signs. Mr. Viera also advised that changeable displays have specific criteria to meet. Commissioner McErlane noted that the other changeable display signs are not comparable to the application; the Mobil signage is required by law and the theater signage is a marquee. Mr. Viera agreed that the proposed sign is not a direct form of advertisement, but rather a form of artistic expression; however, it is still treated as a sign. Mr. Viera also advised that the City does not regulate content. Regarding the other example, a sandwich board, Mr. Viera explained to Commissioner McErlane that the connection with the application is simply as part of the results of a survey by staff of other changeable displays. Mr. Viera agreed that this application is distinguished from all other signs in the City. Public Testimony Regarding the Project: Melissa Martinez, owner of PELT, explained that she does trend work with designers and artists, researching and predicting trends. She stated that she is a cheerleader for creators, and she advised that she does not need to advertise because she already has a customer base. Ms. Martinez noted that this form of artistic expression has been around for a long time. She viewed it as a good opportunity to express good energy instead of propaganda, and she stated that she coordinates the display with themes of the museum on art nights. Ms. Martinez also noted that she allows the use of her balcony for art displays. She stated that she has received great responses to the display, which she said is very rewarding. Ms. Martinez stated that she has lived here for 30 years and she expressed her hope that the Commission will allow her to continue her artistic contribution. She noted that she surrounded the sign with a wood frame and hung it with chunky rope to warm it up. Regarding the third design option, Ms. Martinez advised Commissioner Sadler and the other Commissioners to refer to the last page of the handout provided, a design inspired by Dutch artist Mikko Kuorinki. DRAFT PC Minutes 2 March 1, 2017

3 Ms. Martinez responded to Commissioner McErlane that she determines what messages are displayed, and she explained that she generally changes them monthly, based on what inspires her. She assured that she takes a lot of thought to ensure the messages contain nothing political or illwill or that may be misconstrued in some way. Commissioners Comments: Though Commissioner Johnson stated that she is glad the applicant has a successful business in town, she asserted that the application is not in compliance with the nature of the sign ordinance. Commissioner Johnson read the purpose as stated in the Code, then commented that the quotes used by the applicant were not original, creative expressions. Commissioner Johnson stated that she could support something designed well that had something to do with the business. Commissioner McErlane agreed with Commissioner Johnson. He stated that he appreciates the beauty of the thought and the applicant s desire to give back to the community, and he submitted that the sign promotes the applicant s philosophy, providing an indirect form of advertisement. Commissioner McErlane expressed his concerns regarding the changing messages, noting that others may not have the same philosophy as the applicant. He also submitted that approval could set a precedent for others that want to do something similar. Commissioner McErlane stated that the Commission does not want to encourage auxiliary signage that is not necessary for business. Commissioner Sadler agreed with the other Commissioners. He acknowledged the atypical nature of the request, which would result in the Commission approving a concept that is constantly changing. He stated that he can see the potential for issues, and noted that the application is the result of a complaint. Commissioner Sadler also submitted that the design does not look good. He noted the issue with sign proliferation and he argued that the sign can be distracting. Commissioner Sadler noted that other changeable display signs in town convey necessary information; the closest to the application is used by churches, but even those provide applicable information directly related to the church. Commissioner Sadler stated that his main issue is with the aesthetics, but his secondary issue is with the potential for others not agreeing with the applicant s message or having competing messaging. Therefore, Commissioner Sadler stated that he did not support approval of the application. Commissioner Kempf agreed with the other Commissioners. She explained that she likes a straightforward interpretation of the sign ordinance. She also agreed that not everyone has good taste in messages and she surmised that the Commission would get more requests for similar signs. She commented that she is horrified at the sign pollution in other cities, which the Commission works to avoid. Commissioner McErlane assured that the Commission feels badly that it cannot support the applicant or the staff recommendation. Motion RM Second KS Action Deny Planning Commission Sign Permit at 305 North Coast Highway, Suite M. Motion carried 4-0. Vote: Johnson Y McErlane Y Sadler Y Whitin Absent Kempf Y DRAFT PC Minutes 3 March 1, 2017

4 3. Planning Commission Design Review and Planning Commission Sign Permit for exterior alterations to a mixed-use building, including new rooftop mechanical equipment and associated screening, one HVAC condenser unit, new parking lot lighting, and a revised exterior building color palette at 1043 North Coast Highway (currently Catch Surf). A Planning Commission Sign Permit is required to install an illuminated monument sign. Communication Disclosures: All Commissioners have visited the site unless otherwise noted in the public hearing. Commissioner Johnson reported that she had a casual conversation with the applicant. Anthony Viera summarized the staff report. Questions of Staff: Commissioner McErlane noted dimensional issues and inaccuracy of the drawings; the detail on the gooseneck lights states that the point of anchor is 12 inches below, which Commissioner McErlane asserted is out of scale with the depiction provided. Mr. Viera advised that there is not a conflict with development standards and suggested that the applicant may be able to clarify the end result of the sign in such a way that the Commission may be comfortable with the intent, in order to approve the application. Regarding the screening for the rooftop equipment, Mr. Viera advised Commissioner Sadler that the screening is already installed and appears to be effective. Public Testimony Regarding the Project: Warren Hutcherson of Gregg Abel Design & Construction, representative for the applicant, acknowledged that the sign rendering is not to scale. He stated that they can agree to reduce the sign lighting to two per side, as recommended by staff, and he noted that with the lighting, the proposed sign stays within the 6-foot maximum height limit. Mr. Hutcherson advised that the proposed lights are standard lights that can be modified to fit the sign as needed. Mr. Hutcherson confirmed for Commissioner Johnson that they can submit new drawings that accurately represent what the sign will look like and he explained that the lights mount behind the sign and go over the top. Gregg Abel added that an electrician cuts the cable to the length required and bends the flexible neck as needed. Mr. Abel reiterated that the lights come from the back and he assured that the result is subtle. Regarding the lighting for the parking lot, Sherwood McMillion, project architect, responded to Commissioner Kempf that the proposed lighting is already only at 37% for standard commercial parking lot lighting. He argued that further reducing the lighting increases the opportunity for theft and vandalism, noting that homeless people have been found sleeping beneath the building and in the porta potty. Mr. McMillion asserted that the proposed lighting is a viable transition between commercial and residential, and he noted that they include dimmers and a timer. He stated that they will remove the existing light that has the motion sensor. Mr. McMillion clarified that the lights are not floodlights, but rather wall sconces, and he noted that the light by the side door is required by Code. He stated that the other four lights illuminate the walkway to the parking lot during the evening hours. Regarding the trash cans, Mr. McMillion responded to Commissioner Johnson by noting that the new use does have the same trash production as the previous use, and the trash will be stored in the lower garage area. Mr. McMillion submitted that it is more conducive to have the trash inside to ensure the receptacles are not filled by neighbors. DRAFT PC Minutes 4 March 1, 2017

5 Mr. Abel noted that his father designed the building in He noted that the brick was originally red, with design elements to give charm to the building. He submitted that the modifications complement the building and its original design. The applicant team indicated to Commissioner Sadler agreement with reducing the gooseneck lighting to two per sign face, for a total of four. Regarding the staff recommendation to turn off all lighting when the business closes, Mr. McMillion requested that the condition be revised to 30 minutes after close of business, so personnel can walk to their vehicles with the lights on. Loretta Lewis stated that she lives directly behind the site and asserted that there has never been an issue with vagrants, and Lightopia, the previous business, did not have a problem with theft. She stated that she is a single woman and has never had a problem or felt unsafe. She submitted that the recent issues are likely because there are currently no lights, particularly because she is also remodeling and her lights in the back are also currently not on, when normally there would be lights that would deter such incidents described by the applicant. She noted that the applicant team has been nice to work with and the context and scale of the building is more respectful of the neighborhood. Ms. Lewis stated that she visited 495 Windsor, which Gregg Abel advised her has similar lights, and she found those lights to be very bright. She also submitted that the size of the lights is very tall for the scale of building, but she noted that the manufacturer does offer three sizes. Ms. Lewis noted that the parking lot only has eight parking spaces and submitted that five lights is overkill. She agreed with Mr. McMillion that commercial parking lots require more light, but argued that this site is not a traditional commercial lot. Ms. Lewis stated that the neighbor most impacted by the lights agrees that three lights would be acceptable and she expressed her appreciation for the applicant s agreement to remove the floodlight, which is most impactful in the neighbor s window. Ms. Lewis noted that the three lights on the front are on the commercial space, but the side elevation, depicted in blue, is residential. Rebuttal: Mr. Abel assured that they are willing to work with the neighbors regarding the lighting. He explained that the bulbs for the lights at 495 Windsor were changed to a much brighter bulb than they would use at this site. He noted the examples of vagrancy issues and that they are removing the floodlight that impacts the nearest neighbor. Commissioners Comments: Commissioner McErlane stated that he is glad to see the building reused, but he agrees with the neighbor regarding the lighting. He noted the height of the lighting allows the source to be seen and suggested that the applicant consider other lighting options. He stated that if the lights were revised to something lower in height, he could approve five, otherwise, he can approve three. Commissioner McErlane agreed that the revised sign plans can be approved by staff. Commissioner Johnson agreed that three lights would be sufficient. She also agreed with the staff recommended conditions, with the revision that the lights are turned off a half hour after the business is closed. With the slope of the driveway, she agreed that it is good to have lighting on while the parking spaces are used. She also questioned where they could put lower lights. Commissioner Sadler noted that the issue comes down to lighting, everything else is fine. He noted that when a commercial business is adjacent to residences, they must be careful regarding light trespass. He noted that the business is not open at night and therefore agreed with the condition DRAFT PC Minutes 5 March 1, 2017

6 that the lights are turned off 30 minutes after close of business. With that modification, he supported the staff recommendation. Commissioner Kempf stated that she is in favor of reducing the sign lighting to a total of four lights and having all lighting turned off 30 minutes after the business is closed. She stated that she prefers fewer lights, and could support three for the parking lot. Mr. McMillion reiterated that the light by the side door is required and stated that the other lights on that side are the most useful; therefore, he proposed eliminating one light in between, and the floodlight, for a total of four lights. Commissioner McErlane reiterated the condition for an accurate detail of the sign lighting to be submitted for staff approval. Motion AJ Second RM Action Approve Planning Commission Design Review and Planning Commission Sign Permit at 1043 North Coast Highway, subject to the conditions that: (1) the sign lighting shall be reduced to two gooseneck lamps per sign face; (2) the parking lot lighting plan is revised to reduce the wall sconce fixture count to four new fixtures and remove the existing wall washer; (3) all sign and site lighting is turned off 30 minutes after the business is closed; (4) a revised sign plan is submitted that shows accurate detailing and rendering of the sign lighting, to be approved by the Director of Community Development and (5) if there are complaints regarding the intensity of the lighting or glare, the Director of Community Development can require the lighting to be dimmed or, if necessary, turned off. Motion carried 4-0. Vote: Johnson Y McErlane Y Sadler Y Whitin Absent Kempf Y REGULAR BUSINESS 4. Discussion Topics for April 8, 2017 joint City Council/Planning Commission meeting. The Commissioners all agreed on the items on the list provided by Commissioner Whitin. Commissioner Johnson recommended specifically addressing signs when discussing Code Enforcement issues. Commissioner Sadler suggested adding a discussion regarding saturation limits, to determine if other types of uses should be tracked. Commissioner Sadler also suggested discussing the piecemeal issue as it relates to the Planning Commission. Commissioner McErlane recommended adding to Commissioner Whitin s suggestion on a street tree master plan that a study is completed to evaluate existing conditions, to then update the street tree list according to the results of that study. Commissioner Johnson suggested pushing for sidewalks to be added along Coast Highway for safer pedestrian travel. Mr. Drapkin mentioned that the City Attorney is attending and will be advising the Commission on new State, local and Federal laws. 5. Minutes The minutes from the February 15, 2017 meeting were approved unanimously, as written (moved by Commissioner Sadler, seconded by Commissioner McErlane). Commissioner Johnson abstained because she was absent from the February 15 meeting. 6. Departmental Reports Mr. Drapkin reported that the Harmony Tea Bar was approved by the City Council last night; however, staff will be reviewing the balances of land use in more depth in order to address concerns regarding saturation levels for certain uses. He also reported that the DRAFT PC Minutes 6 March 1, 2017

7 City Council conditionally approved The Drake restaurant, with the requested expansion; however, a traffic and parking study must be obtained and presented to the City Council, and the deed restriction issue regarding the offsite valet parking must be addressed. Mr. Drapkin advised the Commission that the Planning Commission will be presented an introduction to the Historic Preservation Ordinance update at its March 15 meeting, and will review the draft ordinance at a subsequent meeting. 7. Commissioners Reports Commissioner Johnson requested an update on the unpermitted EPIQ sign. Commissioner Johnson advised that she has a scheduling conflict with the April 20 Open for Business meeting; therefore, Commissioner Kempf volunteered to host it in her place. Commissioner Sadler reported on a couple of the discussions at the previous Open for Business meeting, including a proposal for a valet parking service at the Mobil gas station and proposed uses for a vacant suite in the Laguna Surf building. Commissioner Sadler requested that staff inform applicants that the deciding bodies have some flexibility; therefore, though a proposed use may be unlikely to be approved, it may be possible. Mr. Drapkin confirmed for Commissioner Johnson that the City still processes concept review applications and suggests a concept review when warranted. Commissioner McErlane asserted that proceeding to a hearing before the Planning Commission with all of the issues noted by staff was a misuse of the entitlement process. 8. Adjourn The meeting adjourned at 7:32 p.m. to the regular Planning Commission meeting on March 15, DRAFT PC Minutes 7 March 1, 2017