PLANNING COMMISSION MINUTES July 6, 2016

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1 Approved 7/20/16 PLANNING COMMISSION MINUTES July 6, 2016 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 July 6, ROLL CALL: Present: Absent: Staff Present: Chairperson Ken Sadler, Chair Pro Tem Sue Kempf and Commissioners Anne Johnson, Roger McErlane and Susan McLintock Whitin None Scott Drapkin, Principal Planner Martina Caron, Senior Planner Anthony Viera, Assistant Planner Ann Marie McKay, Administrative Assistant REGULAR BUSINESS 1. Election of Chairperson and Chair Pro Tem. Motion AJ Second SW Action Elect Commissioner Kempf as Chairperson. Motion carried 4-0. Vote: Johnson Y McErlane Y Whitin Y Kempf Abstain Sadler Y Commissioner Johnson thanked Commissioner Sadler for the professional, good job he did as Chair. Motion KS Second RM Action Elect Commissioner Whitin as Chair Pro Tem. Motion carried 4-0. Vote: Johnson Y McErlane Y Whitin Abstain Kempf Y Sadler Y The Commission agreed with Mr. Drapkin s recommendation to determine its August dates (Discussion Item #5) before hearing the Public Hearing items, then hear Item #4 (The Ranch project).

2 PUBLIC HEARINGS Public Hearing Items #2 through #4 were heard after Regular Business Discussion Item #5. 2. Conditional Use Permit to establish and operate a medical day spa specializing in dermatologic treatments at Coast Highway, Suite D (previously Lavayen Physical Therapy, Inc.). Item #2 was heard after Item #4. Communication Disclosures: All Commissioners have visited the site unless otherwise noted in the public hearing. Commissioner Sadler reported having a phone conversation with Steve Kawaratani. Anthony Viera summarized the staff report. Public Testimony Regarding the Project: Annette Morris, applicant, advised that she has been in Laguna for 6 years and a licensed aesthetician for 16 years, working with the medical industry. She stated that the proposed site is a great location and she loves the atmosphere of it, the town and the people. She stated that it is the perfect location to fulfill her dream. Ms. Morris confirmed for Commissioner Whitin that there will be two technicians and a dermatologist on staff. Ms. Morris also confirmed that there will be two treatment rooms and a consultation room. Commissioner Whitin stated that she is familiar with the building and the parking situation because she used to see a doctor there, and the proposed use does not seem to be in conflict; however, she asked the applicant if the other tenants were contacted. Ms. Morris stated that they were, and she was advised that the parking situation works great for them. Ms. Morris also noted that each tenant has allotted spaces and her business would have limited people arriving hourly, rather than all at one time. Commissioners Comments: Commissioner Sadler commented that his dentist is in the same building, so he is familiar with the site and the parking and has never had any issues because there has always been plenty of available spaces; therefore, parking does not seem to be an issue with this application. He agreed with the staff report that the use is not an intensification from the previous use and though the use is not specifically permitted, he agreed that it is no more obnoxious or detrimental than other permitted uses. Commissioner Sadler also agreed with staff s determination regarding CEQA (California Environmental Quality Act) and the CDP (Coastal Development Permit) findings, and he stated that he can support approval of the application. Commissioners McErlane, Johnson and Whitin concurred. Motion KS Second AJ Action Approve Conditional Use Permit at Coast Highway, Suite D, subject to conditions. Motion carried 5-0. Vote: Johnson Y McErlane Y Sadler Y Whitin Y Kempf Y PC Minutes 2 July 6, 2016

3 3. Variance and Planning Commission Design Review to construct a roof over a previously approved trash enclosure at a restaurant (Red Dragon) located in the C-1, Local Business District at 680 South Coast Highway (APN ). A variance is requested to encroach into the additional building setback (rear) [LBMC (D)]. Communication Disclosures: the public hearing. All Commissioners have visited the site unless otherwise noted in Martina Caron summarized the staff report. She advised that staff has received no correspondence regarding this application and she noted that the application provides what some of the neighbors requested at the second Planning Commission hearing on the approval of Planning Commission Design Review Questions of Staff: Ms. Caron confirmed for Commissioner Whitin that the previous trash enclosure had no roof so the application is to add a roof and provide ventilation. Ms. Caron explained that the City Council directed the applicant to contain the ventilation equipment within the enclosure to limit the ventilation noise; therefore, the ventilation fans are proposed to be located under the roof, above the trash containers. Ms. Caron advised Commissioner Whitin that Exhibit D shows the previously approved roof terrace plan. Ms. Caron confirmed for Commissioner Whitin that the seat count remains the same; minor layout modifications are proposed to reallocate kitchen area as bar area, but the parking requirements, etc. will remain the same. Public Testimony Regarding the Project: Jim Conrad, project architect, explained that the reason for the proposed enclosure is because when they met with neighbors from across the street, it was noted that the neighbors look down on the building and would look down into the trash enclosure area. Therefore, they suggested the enclosure to screen the view and address concerns about smell with the ventilation and filter. He reiterated that the proposal is for the neighbors, not the applicant. Mr. Conrad advised Commissioner McErlane that the ventilation exits through the side wall, through a filter. Mr. Conrad responded to Commissioner Whitin that the ventilation system is not noiseless, but is inside the enclosure to reduce the noise and odor, and he responded to Commissioner Whitin that the enclosure could be insulated for additional noise reduction. In response to Commissioner Sadler s for a description of the interior modifications, Mr. Conrad advised that the restaurant owner originally wanted a barbeque kitchen area at the top level at the bar, but the Health Department requires the kitchen area to be all glassed in, so the barbeque kitchen area was removed. Mr. Conrad also noted other minor refinements, such as ensuring the corridors are all wide enough, but all the changes are within the same building envelope. Mr. Conrad confirmed for Commissioner Johnson that the back door is an emergency exit and therefore will have any required panic hardware and he noted that it will likely also be alarmed. Mr. Conrad assured that the back door is not an entrance and confirmed for Commissioner Whitin that it is also not an employee entrance, but he noted that employees may use the exit to access the trash area. Mr. Conrad responded to Commissioner Johnson that the project will likely take about two years before the restaurant will be able to open. Ms. Caron clarified that the plans erroneously still PC Minutes 3 July 6, 2016

4 identify the back door as employee entrance and will be revised to clearly indicate that it is a fire exit and not an employee entrance. Commissioners Comments: Commissioner McErlane commented that the project looks reasonable, as a response to previous direction. Commissioner Johnson expressed delight with the project and stated that she is ready to move for approval. Commissioner McErlane agreed, reiterating that the proposed project was requested in the previous approval, and he expressed his appreciation that the applicant responded appropriately; Commissioner McErlane supported approval. Commissioner Whitin commented that she can make the required findings and therefore also supported approval. Commissioner Sadler agreed with the other Commissioners and stated that he did not see any view impacts. He noted that the project will be beneficial to the neighbors and agreed with staff s proposed findings for the variance. Commissioner Kempf also supported approval, noting that the applicant followed direction from the Planning Commission, and agreed that she can also make the required findings. Motion AJ Second SW Action Approve Planning Commission Design Review and Variance at 680 South Coast Highway, subject to findings. Motion carried 5-0. Vote: Johnson Y McErlane Y Sadler Y Whitin Y Kempf Y 4. (1) Approval of Conditional Use Permit to allow camping, event use and relandscaping for the area known as the Scout Camp and (2) Approval of Planning Commission Design Review to allow minor modifications to the previously approved re-development of an existing hotel building, lodge building and spa building located at Coast Highway (The Ranch at Laguna Beach). Item #4 was heard before Item #2. Communication Disclosures: All Commissioners have visited the site unless otherwise noted in the public hearing. Scott Drapkin summarized the request and advised that it was brought to staff s attention that the notice went out 27 days before the hearing rather than 28 days; therefore, staff recommends that the item be continued to the August 17, 2016 Planning Commission meeting, and the applicant has indicated agreement with the continuance. Questions of Staff: Mr. Drapkin advised Commissioner Whitin that the reason the notice was mailed a day late was because the original noticing package was only for the area around the Scout Camp, so staff requested a noticing package for the whole property, which was received a day later than the required 28-day noticing. Regarding the contention in Mark Fudge s letter that the noticing must be visible on a public street, Mr. Drapkin clarified that the Municipal Code does not require that and only requires that the notice be posted on the project site; however, the posting instructions provided to applicants state that it must be clearly visible from a public street. Mr. Drapkin surmised that the rationale for the direction in the instructions is to ensure that the posting notice is located in a conspicuous location. Mr. Drapkin agreed that it would be better for the notice to be posted on Coast Highway, rather than just the hotel itself, and staff will request that the applicant PC Minutes 4 July 6, 2016

5 does so. Regarding noticing other interested parties, Mr. Drapkin advised that the Code requires noticing other jurisdictions that may be affected, and because of how minor the changes are that are being requested, and the nature of the Scout Camp use, staff made the decision that no other local jurisdictions would be affected. Regarding noticing other interested private parties, Mr. Drapkin advised Commissioner Sadler that interested parties must file a request to receive such notification within six months of the noticing that is to occur, and no such requests were received that staff is aware of. Commissioner Johnson submitted that staff should keep those that have shown interest in a project informed. Motion KS Second RM Action Continue Conditional Use Permit and Planning Commission Design Review to the August 17, 2016 Planning Commission meeting. Motion carried 5-0. Vote: Johnson Y McErlane Y Sadler Y Whitin Y Kempf Y REGULAR BUSINESS Item #5 was heard immediately after Item #1. 5. Discussion August Planning Commission meeting dates. The Commission agreed to have one regular meeting in August, on August 17, Minutes The minutes from the June 15, 2016 meeting were approved unanimously, as amended (moved by Commissioner Johnson, seconded by Commissioner Sadler; Commissioner Kempf abstained). 7. Departmental Reports Mr. Drapkin reminded the Commissioners about the upcoming July 13, 2016 Planning Commission workshop and July 27, 2016 community workshop on the Laguna Canyon Planning Study, for MIG to present its recommendations and obtain feedback. The Commissioners questioned the planned format for the July 13 workshop and advised that their preference is for the workshop to be setup and run similar to regular Planning Commission meetings for more efficiency and to ensure that the Commission is able to provide its feedback as a Commission body as a whole rather than individual opinions. It was also noted that the presentation was difficult to see last time, so it was recommended that the presentation is reviewed in Council Chambers prior to the meeting to ensure those in Council Chambers and those viewing from home will be able to see what is being presented. 8. Commissioners Reports The Commission requested an update on the status of the temporary generator on Beach Street for the Verizon Building that has been in place for quite some time. The Commission noted the upcoming deadlines for the Alessa façade modifications and also noted the unpermitted Rasta Taco menu frame sign on the sidewalk, a neon sign in the Hobbit Center at Glenneyre Street and Calliope Street and the large temporary banner that has been up on the hotel next to the Gelson s shopping center for several months. It was noted that there are several sign violations within walking distance of City Hall and Commissioner McErlane reiterated the comment he made at previous meetings regarding the mobile City traffic signs. PC Minutes 5 July 6, 2016

6 Commissioner Whitin reported on last week s Cultural Arts Plan Steering Committee meeting, noting the top priorities in the next one to two years, such as adding a staff member and completing a facility feasibility study, both of which have been funded. She also noted implementation of one of the priorities that is already occurring, a series of educational workshops, which has been well-received. Commissioner McErlane commented that the undergrounding project will impact MIG s proposed setback requirements along Laguna Canyon Road. Commissioner Johnson reported on the Economic Development/Business Assistance subcommittee, noting the importance of timelines, and advised that related Committee reports will be provided every three months. Commissioner Johnson also reported that the Senior Housing Task Force is winding down, expecting to pass on the ongoing efforts in the fall to Lifelong Laguna, which is heading the virtual village effort. Commissioner Sadler noted the new Summer Breeze bus program, a great idea that will hopefully be successful. The Commissioners noted that the trolleys for the pilot neighborhood trolley program have been empty, and the trolleys appear to be much larger than originally envisioned to travel up and down the narrow neighborhood streets. The Commission discussed the various subcommittee assignments and decided to remain as currently assigned. 9. Adjourn The meeting adjourned at 7:29 p.m. to the July 13, 2016 Planning Commission workshop, then to the regular Planning Commission meeting on August 17, PC Minutes 6 July 6, 2016