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HomeMy WebLinkAbout09/22/2016 - Planning Commission CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers - 100 Civic Center Drive Monday, September 22, 2016 REGULAR MEETING 6:30 p.m. I. CALL TO ORDER-The meeting was called to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE—Commissioner Hillgren III. ROLL CALL PRESENT: Vice Chair Peter Koetting, Commissioner Bill Dunlap, Commissioner Bradley Hillgren, and Commissioner Erik Weigand ABSENT: Chair Kory Kramer, Commissioner Ray Lawler, and Secretary Peter Zak Staff Present: Deputy Director Brenda Wisneski; Assistant City Attorney Michael Torres; City Traffic Engineer Tony Brine; Police Civilian Investigator Wendy Joe; Principal Planner Jim Campbell;Associate Planner Benjamin Zdeba; and Administrative Support Specialist Jennifer Biddle IV. PUBLIC COMMENTS Jim Mosher expressed surprise that the Planning Commission would be holding a Special Meeting and public workshop on Mariners Mile revitalization on September 26, 2016. He stated the City Council was expected to hear the 150 Newport Center matter on September 27, 2016, but it might be continued until October. He stated the Commission and public were misinformed when the Planning Commission was told that a denial required a City Council hearing. He discussed Council Policy K-1 and his review of other cities' policies. Assistant City Attorney Torres clarified that the Municipal Code required the City Council to make the final decision on the application for 150 Newport Center. In response to Vice Chair Koetting, Assistant City Attorney Torres stated the applicant had requested a continuance but it was up to the City Council. V. REQUEST FOR CONTINUANCES None. VI. CONSENT ITEMS 1. MINUTES OF SEPTEMBER 1,2016 Recommended Action: Approve and file Commissioner Hillgren clarified a statement he made in the minutes and it was noted that written corrections to the minutes were submitted by Jim Mosher. Motion made by Commissioner Hillgren and seconded by Commissioner Dunlap to approve and file the minutes of the Planning Commission meeting of September 1, 2016, as amended. AYES: Dunlap, Hillgren, Koetting NOES: None ABSTAIN: Weigand ABSENT: Lawler, Kramer, Zak VII. PUBLIC HEARING ITEMS 2. COYOTE CANYON GAS RECOVERY FACILITY DEMOLITION AND TELECOM UPDATE 1 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/22/16 (PA2016-091) Site Location: 20662 Newport Coast Drive (Between Newport Coast Drive and State Highway 73, south of Sage Hill School) Associate Planner Zdeba provided a PowerPoint presentation which included an overview of the project, including a description of which structures will be demolished, installation of temporary monopoles and installation of the permanent faux eucalyptus trees. He also described the tree health assessment survey and revegetation plans, and noted the majority of the existing trees are either dead or dying and would be replaced with native species as part of the project. He discussed the required findings, General Plan and Zoning Code consistency as well as the requirements for the project under the California Environmental Quality Act (CEQA) Guidelines and expressed that staff supports the project as submitted. Commissioner Dunlap clarified there would be four providers on the two faux trees. Associate Planner Zdeba confirmed that is the case. In response to Commissioner Hillgren, Associate Planner Zdeba discussed conditions of approval relative to maintenance of the faux tree structures. Commissioner Hillgren asked if there was a reason as to why the faux trees were not grouped closer together and further inquired as to whether or not increased height would provide better coverage. Vice Chair Koetting asked why the demolition plan was not before the Commission. Associate Planner Zdeba stated the demolition plan is not discretionary. He stated the key focus is installation of telecom structures, which require a conditional use permit. Vice Chair Koetting asked what type of noise was anticipated. Associate Planner Zdeba stated the condition of approval related to noise is a standard condition of approval. In response to Vice Chair Koetting's question regarding tree size, Associate Planner Zdeba noted a 48-inch box tree is the largest size that could be installed based on constraints to access the site. Vice Chair Koetting opened the public hearing. Jeff Arbour, Environmental Services Manager at OC Waste and Recycling, provided a brief background of the project site and explained that the existing landfill gas energy facility had to be removed by the end of the year. He discussed community outreach by the project team to representatives of the Newport Coast community and staff. In response to Vice Chair Koetting, Mr. Arbour explained the project timeline. In response to Commissioner Hillgren, Mr. Arbour stated they intend to go back to producing renewable energy. Commissioner Dunlap asked if cell service would be enhanced. Paul Albritton, outside counsel for Verizon Wireless, provided the history of the site as a telecom facility and stated the carriers have vested rights to continue utilizing the site. He explained that the smoke stack would be removed and the antennas would be relocated. He discussed the importance of the location. He explained the temporary location of towers and need for the height. He also discussed upgrades and expanded coverage. He clarified the use of generators and anticipated noise as well as the lifespan of antenna facilities. Vice Chair Koetting asked the order on the tree for the carriers. Mr. Albritton explained the reason for the position of the carriers on each faux tree structure. He discussed FCC requirements for competitive networks. Vice Chair Koetting opened the public hearing. Page 2 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/22/16 Dan Wampole, President of Newport Ridge Homeowners Association, discussed his involvement on various City and neighborhood committees. He expressed a general concern regarding the appearance with telecom facilities. He expressed agreement that the faux trees needed to be installed. He discussed requests to increase the quality of cellular service and stated it did not appear that the proposed modifications would improve service. He stated microcell technology needed to be added to Newport Coast Drive and the 73 Freeway. He expressed concern with masking of the trees. He requested the Commission postpone its decision to allow details to be worked out. Cynthia West asked if the project replaced the obelisk. She asked if the road extension near the 73 is related to the project and if a new gas structure is being installed. Associate Planner Zdeba stated the project under discussion is separate from the prior obelisk project. He stated he is not familiar with the new road parallel to the 73 Freeway and stated he thought it was City of Irvine property. He further stated there is nothing proposed regarding renewable energy at this point in time. Jim Mosher expressed confusion regarding the Mitigated Negative Declaration and whether the Planning Commission is charged with reviewing the demolition or just the two faux trees and the two temporary towers. He asked if a new smoke stack would be installed. He stated the new trees were not existing utility towers. He suggested colocation of more than two carriers, such as the similar installation on the Irvine Avenue faux tree. He presented the plastic leaves that fell off the Irvine Avenue tree as an example of what may happen if it falls into disrepair. Vice Chair Koetting closed the public hearing. Mr. Arbour stated the project would demolish the plant without affecting coverage and mitigate the viewshed with an acceptable palette. In response to Commissioner Weigand, Mr. Arbour suggested the carriers address alternative faux tree options. He stated the vegetation surrounding the facility was sensitive habitat. John Arnau, CEQA and Habitat Program Manager at OC Waste, discussed the direction of US Fish and Wildlife and California Department of Fish and Wildlife regarding replacement of the dying Eucalyptus with new Eucalyptus trees. In response to Vice Chair Koetting, Associate Planner Zdeba stated there was no bond requirement, but conditions of approval regarding maintenance of the trees. Mr. Arnau explained the history of the site and the County's experience in habitat mitigation and maintenance. Commissioner Dunlap discussed the use of Sycamore, Oak and Alder trees as native trees in the Natural Community Conservation Plan area. Regarding improved coverage in the future, Mr. Albritton stated Verizon Wireless had already met with staff regarding a small cell network for Newport Beach. He discussed the Irvine Avenue tree. He suggested the County also be included in Conditions 9 and 13. In response to Commissioner Hillgren, Mr. Albritton explained accelerated timing required by the County. He stated the three types of faux tree choices are Pine, Palm, and Eucalyptus trees. Other options include clock towers, church steeples, or water towers. Commissioner Hillgren expressed concern about the trees fitting the surroundings. Mr. Albritton discussed meetings with local homeowner's associations. He stated the carriers wanted to be community partners and were willing to listen to suggestions. Page 3 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/22/16 Commissioner Weigand asked if the applicant or owner would maintain the property. Assistant City Attorney Torres explained that the County was not an applicant and therefore conditions of approval could not be placed on the County. Kevin Oxford, Senior Project Manager for OC Waste and Recycling discussed the approval timing and various entities working on the project. Vice Chair Koetting closed the public hearing. Motion made by Commissioner Weigand and seconded by Commissioner Hillgren to approve and adopt the Resolution for PA2016-091 adopting Mitigated Negative Declaration No. ND 2016-002 and approving Conditional Use Permit UP 2016-024 and Limited Term Permit 2016-007. Commissioner Dunlap commended the carriers for the work on the project, especially relating to the analysis done on the existing vegetation and its replacement with native vegetation in the sensitive habitat area. Vice Chair Koetting expressed a concern regarding the maintenance of the faux trees and noted the upkeep is very important, no matter how far away the facility is located. AYES: Dunlap, Hillgren, Koetting, Weigand NOES: None ABSENT: Lawler, Kramer, Zak 3. GELSON'S SUPERMARKET CONDITIONAL USE PERMIT(PA2015-214) Site Location: 1660 San Miguel Drive Principal Planner Campbell provided a PowerPoint presentation summarizing the request by Gelson's to establish a restaurant with alcohol service and a requested parking waiver. He showed the site plan, floor plans, patio, and described the use. He noted that the proposed patio would be located in the common area of the shopping center and not affect parking spaces or pedestrian paths to the stores. He described a neighborhood concern about off-site parking of employees along Crown Drive and that these employees are from Roger's Gardens and that staff was working with them to address the concern by directing those employees to park on-site or at an approved private location. He indicated that Gelson's has an off-site parking lot at a nearby lot on Pacific View. He summarized the results of the parking utilization study showing sufficient parking on-site. He suggested including an additional condition to post signs at the exits of the use to prohibit the removal of alcoholic beverages. In response to Vice Chair Koetting, Principal Planner Campbell described the current seating area as a coffee bar and clarified that the applicant currently has a wine tasting instructional license. He went on to describe the proposed use as a restaurant with a small bar area and patio where you could eat and drink items. Commissioner Weigand discussed concerns about off-site parking impacting Crown Drive near the lawn bowling facility. He noted that employees from Roger's Gardens were parking along Crown Drive and that the City was working with them to address the issue. Deputy Director Wisneski discussed the parking and shuttle requirements for Roger's Gardens. Traffic Engineer Tony Brine commented that parking is allowed on the east side of Crown Drive and not the west side due to the proximity to residential properties. He also indicated that this parking arrangement was due to resident requests. Commissioner Hillgren asked if the Irvine Company had seen the plans. Principal Planner Campbell stated they had approved the application. Commissioner Hillgren questioned the quality of the plans. He stated he did not understand the parking analysis. Principal Planner Campbell explained the parking analysis for conversion of retail space to a restaurant space. He stated the applicant had a consultant prepare a parking demand analysis. He noted that staff had applied a conservative parking demand for the use without considering the use accessory to the supermarket. He indicated that parking demand may be less than predicted given the restaurant is within the supermarket and Page 4 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/22/16 not a separate area or use operated by a different entity. Commissioner Hillgren discussed existing offsite parking for employees. Principal Planner Campbell stated Gelson's directs where their employees park. Commissioner Hillgren asked about condition No. 15. Deputy Director Wisneski suggested including a condition that offsite parking be maintained. In response to Commissioner Dunlap, Deputy Director Wisneski stated Gelson's was currently voluntarily providing offsite parking. Commissioner Dunlap discussed parking requirements. Principal Planner Campbell stated the parking lot would go from 82% utilized to 86% occupied. Vice Chair Koetting opened the public hearing. Brett Engstrom, Gelson's Market, discussed the proposed project and stated the footprint would not be expanded. He described the instructional wine tasting events where suppliers would supervise tastings in support of retail sales. He stated the operation was meant to be an ancillary offering. In response to Vice Chair Koetting, Mr. Engstrom explained situations when the wine tasting would occur. Vice Chair Koetting suggested the outside patio area be reduced in size. Mr. Engstrom explained the existing tower feature would become an open air wall. Vice Chair Koetting suggested making the patio area smaller. He requested information on the landscape plan for outside the pony wall. He asked about the exterior material that would be used on the pony wall. Mr. Engstrom stated it was a faux stone finish. In response to Commissioner Weigand, Mr. Engstrom stated all alcohol for on-site consumption had to be purchased from the cafe and that you could not purchase a bottle of wine from the supermarket and open it and drink it in the restaurant. He indicated that the area including the patio would be - supervised at all times. There would be no table service but rather a customer would order food and drinks at the bar area to be prepared and provided at the tables or bar. Commissioner Dunlap asked if Gelson's was open to a condition to control the parking issue. Mr. Engstrom discussed the private agreement with the church for offsite employee parking. In response to Commissioner Hillgren, Mr. Engstrom explained current employee parking. He stated additional staff would not be hired for the restaurant. Existing employees would be trained to serve the new operation. Commissioner Dunlap asked if there were parking management plans for the other businesses and how to mitigate parking issues. Principal Planner Campbell stated a condition could be required to maintain existing off-site parking for employees and that other tenants and the entire shopping center was not before the Commission with this application. In response to Vice Chair Koetting, Mr. Engstrom stated the Irvine Company provided an authorization letter to file and pursue the application. Vice Chair Koetting questioned the peak hours for the store based upon the parking demand study. Vice Chair Koetting opened the public hearing. Barry Allen suggested no parking requirements be waived. He stated the parking requirements were not adequate. He suggested the Gelson's manager address the Commission regarding staff parking on Crown Drive. He stated the traffic studies were inaccurate. Corena Dusek thanked the Commission for addressing the parking issue on Crown Drive. She stated it was mostly Roger's Gardens staff but Gelson's staff also parked on Crown Drive. She thanked the Commission for considering the homeowners. Jim Mosher expressed confusion that 700 square feet of outdoor patio would replace the tower and a concern with diminished pedestrian access. He discussed the occupancy rate and parking requirements. He questioned the parking management plan to be adopted. Page 5 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/22/16 Vice Chair Koetting asked why the patio needed to be 700 square feet and in the proposed configuration. Jacki Slovum, Gelson's, explained the seating was drawn in collaboration with the Irvine Company. Vice Chair Koetting stated it seemed too large for the location. He asked if there would be additional lighting, heaters and/or umbrellas. Ms. Slovum stated they would be based on the specifications provided by the Irvine Company. Vice Chair Koetting stated the application was not complete if those issues could not be answered. He suggested the back tenants might not be happy with umbrellas. He asked if there would be drainage on the patio. Ms. Slovum discussed the existing common outdoor seating provided near the location by the Irvine Company. She discussed the wine bar at the Long Beach location. In response to Vice Chair Koetting, Ms. Slovum discussed parking arrangements with the Second Church of Christ and at the nearby school (Lincoln Elementary). She apologized if Gelson's staff was parking on Crown Drive and stated she would ensure that the information was relayed to the store. In response to Commissioner Hillgren, Ms. Slovum stated the goal for completion was the first quarter of 2017. Vice Chair Koetting closed the public hearing. Vice Chair Koetting expressed concern about the size of the patio. He asked if parking could be limited to four hours on Crown Drive. Deputy Director Wisneski stated it was not within the purview of the Commission and staff did not feel there was a problem with parking on Crown Drive. Commissioner Weigand confirmed that there would be a total of 57 seats. Commissioner Dunlap agreed that the patio was too large and expressed concern with the location of a palm tree. He suggested conditioning the parking agreement with the church into the application. Commissioner Hillgren stated he was generally supportive of the concept but surprised with the lack of completeness of the application and incomplete plans. He suggested more details regarding the plan and an active parking management plan are necessary and felt the project should be brought back. Commissioner Weigand agreed and suggested the possibility of reducing the patio size. Vice Chair Koetting stated the application needed more work and requested details on the plans and a representative from the Irvine Company be present when the application returned to the Planning Commission. Motion made by Commissioner Hillgren and seconded by Commissioner Weigand to table the item. AYES: Dunlap, Hillgren, Koetting,Weigand NOES: None ABSENT: Lawler, Kramer, Zak 4. 3700 NEWPORT BOULEVARD ROOF SCREEN SYSTEM (PA2016-151) Site Location: 3700 Newport Boulevard Lido Village Principal Planner Campbell provided a PowerPoint displaying the location of the property and equipment screen and indicating staff support for the application. He indicated that the new property owner is upgrading the building and is voluntarily screening the existing rooftop equipment when it is not required at this time. He noted the equipment is highly visible and expressed the ability to make the required findings for approval and that no public views would be affected. In response to Vice Chair Koetting, Principal Planner Campbell stated they were proposing a stainless steel material. He discussed screening opportunities for the renovation of Lido Village. He stated the Zoning Code requires new equipment to be screened. Page 6 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/22/16 Jim Bickle, applicant, stated the building was separate from the Lido Marina Village project but it was the intent of the owner to bring it up to the same standards. He explained the proposed material. Vice Chair Koetting asked if the other building material being used was wood and Mr. Bickle stated that material would require maintenance and the proposed stainless steel material would require little to no maintenance. Vice Chair Koetting opened the public hearing. Jim Mosher questioned the use of perforated screen when trying to hide something. He questioned whether it was consistent with the Zoning Code that uses the term "solid" when referring to equipment screens. He asked about the required approval for the OC Health Department in one of the conditions. Vice Chair Koetting stated the perforations were one-inch holes. Motion made by Commissioner Dunlap and seconded by Commissioner Weigand to approve PA2016-151. Commissioner Weigand thanked the owner for efforts to improve the building's appearance. Principal Planner Campbell suggested eliminating the last sentence of Condition 10 related to the OC Health Department approval. The maker and seconder of the motion accepted the amendment. AYES: Dunlap, Hillgren, Koetting,Weigand NOES: None ABSENT: Lawler, Kramer, Zak VIII. 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 Community Development Director Wisneski stated the Coastal Commission had approved the LCP. She explained the process for the Council to approve the changes. 2. Update on City Council Items Deputy Community Development Director Wisneski stated the applicant for 150 Newport Center had requested the hearing be rescheduled to October 11, 2016. She discussed the Special Planning Commission meeting for Mariners Mile Community workshop at Marina Park on September 26, 2016. Assistant City Attorney Torres explained the quorum requirements. ITEM NO.7 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT Commissioner Hillgren expressed concern with the appearance of the City medians and impact to larger vegetation. Assistant City Attorney Brine suggested he contact Mike Pisani in the Municipal Operations Department. Commissioner Weigand agreed that water needed to be conserved, but at what demise for the future of the trees. Page 7 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/22/16 Assistant City Attorney Torres stated it was outside of the purview of the Commission but as residents they should contact the Municipal Operations Department. Commissioner Weigand suggested a presentation before the City Council. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES Commissioner Dunlap and Vice Chair Koetting indicated they would not be present at the November 3, 2016 meeting. IX. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 9:01 p.m. to the special Planning Commission Special meeting of September 26, 2016. The agenda for the Planning Commission meeting was posted on Friday, September 16, 2016, at 2:41 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 16, 2016, at 2:50 p.m. 4orlamer., Ch Pe S retary I Page 8of8