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HomeMy WebLinkAbout09-19-2019 - Planning CommissionI. II. Ill. NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE THURSDAY, SEPTEMBER 19, 2019 REGULAR MEETING -6:30 P.M. CALL TO ORDER-The meeting was called to order at 6:30 p.m. PLEDGE OF ALLEGIANCE-Commissioner Klaustermeier ROLL CALL PRESENT: ABSENT: Chair Peter Koetting, Vice Chair Erik Weigand, Secretary Lee Lowrey, Commissioner Curtis Ellmore, Commissioner Sarah Klaustermeier, Commissioner Lauren Kleiman, Commissioner Mark Rosene None Staff Present: Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Tony Brine, Principal Planner Jaime Murillo, Planning Consultant Liane Schuller, Administrative Assistant Clarivel Rodriguez, Administrative Support Technician Amanda Lee IV. PUBLIC COMMENTS None V. REQUEST FOR CONTINUANCES Deputy Community Development Director Jim Campbell recommended the Planning Commission continue Item Number 3 to October 3. VI. CONSENT ITEMS ITEM N0.1 MINUTES OF AUGUST 22, 2019 Recommended Action: Approve and file Deputy Community Development Director Campbell requested the minutes reflect that the Chair did not close the public hearing for The Garden Office and Parking Structure project. Motion made by Vice Chair Weigand and seconded by Commissioner Kleiman to approve the minutes of the August 22, 2019 meeting as amended by staff and Mr. Mosher. AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, Rosene NOES: ABSTAIN: ABSENT: ITEM NO. 2 KIM RESIDENCE ENCROACHMENTS (PA2019-146) Summary: A request to waive City Council Policy L-6 to retain the existing non-compliant private improvements consisting of a step and two planter walls located within the Via Orvieto public right-of-way. Recommended Action: 1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) (Preliminary Review) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 1 of 7 Planning Commission Minutes September 19, 2019 2. Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to retain noncompliant private improvements consisting of a step and planter walls that encroach into the Via Orvieto public right-of- way, contingent upon all conditions of the Encroachment Permit process being met; and 3. Adopt Resolution No. PC2019-027 waiving City Council Policy L-6 and approving Encroachment Permit No. N2019-0337. Deputy Community Development Director Campbell reported the applicant requests a waiver of Council Policy L- 6 to retain existing non-compliant private improvements consisting of a step and two planter walls. Staff recommends the Planning Commission waive the Policy and approve the project. Chair Koetting noted this type of improvement is quite common. In response to Commissioner Kleiman's questions, City Traffic Engineer Tony Brine advised that the City charges a one-time fee for the encroachment permit and agreement. The agreement contains an indemnity provision that transfers liability to the property owner. The property owner learned of the unpermitted encroachment during staff review of plans for other improvements on the property. Deputy Community Development Director Campbell clarified that unpermitted encroachments are usually identified when property owners apply for building permits. The City is not proactively enforcing unpermitted encroachments. In reply to Chair Koetting's inquiry, City Traffic Engineer Brine indicated the City and the property owner will sign the agreement, through which the property owner will assume liability for the encroachment into the right-of-way. Motion made by Commissioner Lowrey and seconded by Commissioner Ellmore to approve the project as recommended by staff. AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, Rosene NOES: ABSTAIN: ABSENT: VII. PUBLIC HEARING ITEMS ITEM NO. 3 THE GARDEN OFFICE AND PARKING STRUCTURE (PA2019-023) Site Location: 215 Riverside Avenue Summary: A coastal development permit (CDP) to demolish an existing restaurant/office building and associated surface parking lot and to construct a new 47-space, two-level parking structure and a 2,830-square-foot office building. A conditional use permit is required to authorize the parking structure adjacent to residentially zoned property. A modification permit is required for 12 tandem parking spaces on the first and second floor levels. The project includes hardscape, drainage, and landscape improvements. The proposed development complies with all applicable development standards including height, setbacks, and floor area limits. Staff requests a two-week continuance to October 3, 2019, in order to complete additional biological resources analysis on the project. Recommended Action: 1. Continue the item to the October 3, 2019 Planning Commission meeting. Deputy Community Development Director Campbell reported the item was continued from the August 22 meeting, and the public hearing is open. Staff recommends the Planning Commission continue the item to October 3 so that a biological resources analysis may be completed. Stephanie Sitzer Pilalas believed the applicant's presentation of the office building project separate from the restaurant project has caused community anxiety and is a red flag. She suggested the Planning Commission 2 of 7 Planning Commission Minutes September 19, 2019 continue the office building project until such time as the restaurant project is set for hearing. Bifurcating the two projects reeks of impropriety. The Associate Planner appears to be advocating zealously for the project. Peggy Palmer hoped staff would review egress/ingress to the parking structure from Riverside because of the number of children who travel along Riverside. Hal Woods felt the community is receiving conflicting information. He questioned the project being exempt from CEQA. The restaurant and the parking structure should be reviewed as a whole. Neighbors are concerned about noise, light, and pollution from cars. Motion made by Commissioner Ellmore to continue the item to October 3, 2019 and to direct the applicant to present the two projects together. Deputy Community Development Director Campbell advised that the restaurant project will not be ready for Planning Commission review on October 3. If the Planning Commission wishes to review both projects as one, staff recommends the current project be taken off calendar and re-noticed for a date when the restaurant project is ready for a public hearing. Assistant City Attorney Yolanda Summerhill added that noticing requirements may preclude presentation of the restaurant project on October 3. Amended Motion made by Commissioner Ellmore to take the item off calendar and to direct staff to present the two projects together. In reply to Commissioner Klaustermeier's query, Deputy Community Development Director Campbell indicated the two projects may be considered separately because one does not rely upon the other. Staff can evaluate the parking structure as an off-site parking structure for any use in the vicinity. Staff does not believe independent review of the projects violates any laws. The two projects can be heard together. The applicant chose to submit separate applications in order to avoid delay. In answer to Chair Koetting's inquiries, Deputy Community Development Director Campbell related that the applicant is not present because they assumed the item would be continued to October 3. The applicant wanted to proceed with a hearing on October 3. If the Planning Commission wishes to hear the two projects together, the second project may be ready for hearing by the end of the year. An application has been submitted for a restaurant, and staff is evaluating parking for the restaurant. Commissioner Lowrey remarked that the applicant understands the neighbors' issues and decided to submit separate applications. The current project should be reviewed on its merits on October 3. Postponing the project indefinitely is unfair to the applicant. Vice Chair Weigand suggested the Planning Commission discuss hearing the two items separately or together at a future meeting when the applicant is present. Commissioner Kleiman noted on August 22 the Planning Commission continued the item to allow staff time to resolve some of the outstanding issues and to determine if there is a bifurcation issue. The Planning Commission should continue the item to October 3. Vice Chair Weigand requested staff review the bifurcation issues carefully and ensure the Planning Commission is protected legally whether or not it chooses to combine the two projects. Substitute Motion made by Commissioner Kleiman and seconded by Commissioner Lowrey to continue the item to October 3, 2019. AYES: NOES: ABSTAIN: ABSENT: Weigand, Lowrey, Klaustermeier, Kleiman, Rosene Koetting, Ellmore 3 of 7 Planning Commission Minutes September 19, 2019 Vice Chair Weigand disclosed communications with members of the public. Other Commissioners disclosed no ex parte communications. ITEM NO. 4 VERIZON MONO-EUCALYPTUS TELECOMMUNICATIONS FACILITY (PA2018-010) Site Location: 1600 Newport Center Drive Summary: The applicant requests a conditional use permit and a coastal development permit to install 12 panel antennas, 12 radio units and 3 raycaps on a new 43.5-foot-tall telecommunications mono-eucalyptus for Verizon Wireless. The mono-eucalyptus will exceed the 32-foot height limit by 11.5 feet. The associated telecom support equipment will be ground-mounted and screened within a new 225-square-foot enclosure. (This application was continued from the May 17, 2018, Planning Commission meeting.) Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2019-028 approving Conditional Use Permit No. UP2018-005 and Coastal Development Permit No. CD2018-004. Commissioners disclosed no ex parte communications. Planning Consultant Liane Schuller reported Verizon proposes to install a new facility within the Corporate Plaza West area of Newport Center. The Planning Commission heard AT&T and Verizon's joint application on May 17, 2018, at which time the Planning Commission continued the hearing and indicated slimline monopoles were not aesthetically appropriate for the location. A conditional use permit is required for a freestanding facility and to exceed the 32-foot height limit. A coastal development permit is required because the location of the proposed facility is within the Coastal Zone. The monopole will measure 43 feet 7 inches in height, which complies with the height limit for the area. The applicant proposes to install an equipment enclosure adjacent to the tree and a small meter pedestal immediately adjacent to the tree. The applicant proposes to screen the monopole with eucalyptus and sumac trees and to plant a hawthorn hedge around the equipment enclosure. The applicant has provided service coverage maps showing current and proposed areas with good coverage and weak or intermittent coverage. Condition of Approval 6 contains a typographical error. The maximum elevation height should 145.6 feet. Staff recommends the Planning Commission approve the project. In response to Chair Koetting's query, Deputy Community Development Director Campbell indicated a 36-inch box eucalyptus will provide more screening at the time of planting than a 24-inch box. In reply to Commissioner Rosene's question, Deputy Community Development Director Campbell advised that several years ago, the City reviewed two developments at the Newport Beach Country Club. The first development, a golf club facility, has been completed. The second development to reconfigure tennis courts and construct a stadium court, tennis clubhouse and spa, 27 rental bungalows and five single-family homes has received entitlements. The bungalows will be almost directly adjacent to the proposed mono-eucalyptus. Staff does not believe the telecommunications facility will be incompatible with the future development of the tennis club. Chair Koetting opened the public hearing. Peter Blied, applicant representative, related that the applicant accepts the conditions of approval with the amendment to Condition of Approval 6. The proposal conforms to the Sight Plane Ordinance, and the landlord supports the current design. In answer to Chair Koetting's inquiries, Mr. Blied explained that wireless facilities are usually smaller in residential areas. He did not believe the mono-eucalyptus would be the tallest wireless facility in Newport Beach. Deputy Community Development Director Campbell clarified that a few facilities located in industrial areas are taller than the mono-eucalyptus. Typically, wireless facilities are 35 to 60 feet tall. 4 of 7 Planning Commission Minutes September 19, 2019 In response to Commissioner Rosene's question, Mr. Blied indicated the proposed facility will be shorter and have the same materials as the facility on McGaw in Irvine. In reply to Commissioner Kleiman's queries, Mr. Blied reported development of wireless facilities is based on demand, feedback, and budgets. Small cell projects are the most likely solution to increase coverage, but residents are often opposed to placing them in specific locations. The proposed facility will not be obsolete in the next few years. As technology evolves, the facility will likely be modified rather than replaced. The Irvine Company and staff can require maintenance of the facility. At one time, the office properties division of the Irvine Company did not support the use of faux trees. Wireless traffic will move from existing facilities to the proposed facility, which will allow the existing facilities to function better. Deputy Community Development Director Campbell shared information regarding small cell initiatives with Verizon. The flower streets in Corona del Mar are challenged by the lack of street lights and the Municipal Code prohibition of new above-ground facilities. Most issues concerning fees have been resolved. Commissioner Kleiman noted the influx of summer visitors exacerbates the existing sub-par coverage. She expressed frustration with the lack of progress toward developing a comprehensive plan to improve coverage. If the proposed facility was more than a Band-Aid, she would be more supportive of it. Jim Mosher suggested someone determine whether the maximum elevation height is measured from sea level or the North American Vertical Datum of 1988. The project plans seem to indicate Verizon measures the height from sea level, which is a couple of feet higher than the North American datum. The notice of an application for a coastal development permit was removed from the site approximately a year ago and was only recently replaced. Staff should have provided notice of the hearing for a coastal development permit to everyone who has expressed interest in the item. The most logical and least intrusive location for the facility is the entry pylons to Newport Center. He inquired regarding Verizon's need for 12 antennas and AT&T's solution for coverage issues in the area. After five years, the facility at 2401 Irvine Avenue is not well screened. Mr. Blied advised that he would double check the height of the proposed facility. A condition of approval requires the applicant to provide a height certification to ensure the height does not violate ordinances applicable to the property. The proposed design with 12 antennas will be much more functional than the prior design. Budget constraints rather than a solution caused AT&T to drop out of the project. Principal Planner Jaime Murillo reported the maximum height allowed under the Sight Plane Ordinance is 145.6 feet NAVO 88. "Above mean sea level" should be deleted from Condition of Approval 6. Deputy Community Development Director Campbell advised that staff will ensure the facility at 2401 Irvine Avenue is properly maintained. Parties interested in Coastal Development Permit applications are notified of hearings if they provide an address. Chair Koetting closed the public hearing. Commissioner Lowrey remarked that the proposed facility is a big improvement over the prior proposal. He concurred with Commissioner Kleiman's concerns, but any coverage improvement is progress. Motion made by Vice Chair Weigand and seconded by Chair Koetting to approve the project as recommended and with the revision to Condition of Approval 6. AYES: NOES: ABSTAIN: ABSENT: ITEM NO. 5 Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, Rosene APPEAL OF SHEEHY RESIDENCE CDP (PA2017-179) Site Location: 2495 Ocean Boulevard Summary: 5 of 7 Planning Commission Minutes September 19, 2019 An appeal of the Zoning Administrator's July 11, 2019, decision to approve Coastal Development Permit No. CD2017-076 related to the demolition of an existing single-family residence and detached one-car garage, and the construction of a new 6,630-square-foot, single-family residence with an attached 656- square-foot, three-car garage located at 2495 Ocean Boulevard. The proposed development also includes accessory elements such as walls, fences, patios, hardscape, swimming pool, drainage devices and landscaping. The proposed project complies with all applicable development standards and no deviations are requested. The appeal was filed by a neighboring resident property owner. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 -Class 3 (New Construction or Conversion of Small Structures) of the State CEQA (California Environmental Quality Act) Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2019-029, upholding and affirming the Zoning Administrator's approval of Coastal Development Permit No. CD2017-076. Assistant City Attorney Summerhill reported the applicant and appellant have reached a tentative agreement to redesign the project. She recommended the Planning Commission open the public hearing, seek the applicant's agreement to continue the item, and continue the item. Commissioner Ellmore recused himself from the item as he owns an interest in real property located within 500 feet of the project site. Deputy Community Development Director Campbell concurred with Assistant City Attorney Summerhill's recommendation. The hearing may be continued to October 17. Vice Chair Weigand disclosed detailed conversations with the applicant and appellant. Other Commissioners disclosed no ex parte communications. Chair Koetting opened the public hearing. Christopher Brandon, applicant representative, requested a continuance of the item so that the applicant and appellant can resolve issues. A resolution may or may not involve changes in the design. October 17 is an acceptable date for a future hearing. Chandra Slaven, appellant representative, agreed to continue the item to October 17. Motion made by Vice Chair Weigand and seconded by Commissioner Klaustermeier to continue the item to October 17, 2019. AYES: NOES: RECUSED: ABSENT: Koetting, Weigand, Lowrey, Klaustermeier, Kleiman, Rosene Ellmore VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 None ITEM NO. 7 MOTION FOR RECONSIDERATION REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. 6 of 7 Planning Commission Minutes September 19 , 2019 Deputy Community Development Director Campbell summarized projects for the Orange Coast College Maritime Training Center and 3101 West Coast Highway, which do not require Planning Commission review. The October 3 Planning Commission agenda will include a discussion of the Regional Housing Needs Assessment (RHNA). The General Plan Listen and Learn process will launch on October 26 . Staff will provide periodic updates regarding the Listen and Learn process to the Planning Commission . The General Plan Update Steering Committee will meet on September 25 . In response to Commissioner Kleiman's inquiries , Deputy Community Development Director Campbell agreed to investigate a new convenience store selling alcohol. The City Council approved the project on Kings Road . ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES Commissioner Ellmore advised that he will not be present for the October 3 Planning Commission meeting . IX. ADJOURNMENT-8 :06 p.m . The agenda for the September 19, 2019, Planning Commission meeting was posted on Friday, September 13, 2019, at 4:55 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City's website on Friday, September 13 , 2019, at 5:10 p.m. 7 of 7