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HomeMy WebLinkAbout03/23/2017 - Planning Commission NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS— 100 CIVIC CENTER DRIVE THURSDAY, MARCH 23, 2017 REGULAR MEETING—6:30 P.M. 1. CALL TO ORDER—The meeting was called to order at 6:30 p.m. 11. PLEDGE OF ALLEGIANCE—Chair Kramer III. ROLL CALL PRESENT: Chair Kory Kramer, Vice Chair Peter Koetting, Secretary Peter Zak, Commissioner Raymond Lawler, Commissioner Erik Weigand ABSENT: Commissioner Bill Dunlap, Commissioner Bradley Hillgren Staff Present: Deputy Director Brenda Wisneski;Assistant City Attorney Michael Torres; City Traffic Engineer Tony Brine; Associate Planner Rosalinh Ung;Administrative Support Specialist Jennifer Biddle;Administrative Support Technician Patricia Bynum IV. PUBLIC COMMENTS None. V. REQUEST FOR CONTINUANCES None. VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF MARCH 9, 2017 Recommended Action: Approve and file Motion made by Commissioner Lawler and seconded by Commissioner Weigand to approve the minutes of March 9, 2017 with Mr. Jim Mosher's corrections. AYES: Kramer, Koetting, Zak, Lawler,Weigand NOES: None ABSTAIN: None ABSENT: Dunlap, Hillgren VII. PUBLIC HEARING ITEMS ITEM NO. 2 GOLDENROD AVENUE PARKING LOT(PA2017-023) Site Location: 506, 508, 510, and 512 Goldenrod Avenue Deputy Director Wisneski described the location of the project on Goldenrod Avenue and noted surrounding lots are zoned residential and commercial along Coast Highway. In 1961, the property received a use permit to establish a voluntary parking lot in conjunction with the new construction of a commercial building at 2849 East Coast Highway. In 1962,the commercial building located at 2031 East Coast Highway was also approved without a requirement for parking. In 1998, the current use permit was approved to allow reconfiguration of the voluntary parking lot. At that time, the Planning Commission placed a restriction requiring parking lot spaces be available for the commercial properties along Coast Highway. In 1999, properties to the south were redeveloped for residential purposes. The purpose of the amendment to the use permit was noted to modify conditions so that the two southerly underlying lots used as parking could be used for residential purposes as allowed by current zoning. She added the property owner submitted a letter indicating his interest in offering the remaining two lots with existing parking for City use. The larger parking lot contains 42 spaces, and a preliminary layout provided by the applicant demonstrated 24 parking spaces could be maintained in the remaining parking area. She added that staff received a letter indicating the current project conflicts with the conditions of approval placed on the old use Page 1 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/23/2017 permit. Staff recommended an amendment to Condition of Approval No. 4 of the draft resolution for approval to clarify that Conditions 2, 4, and 9 of Use Permit No. UP3638 no longer apply to the property. Larry Tucker,applicant's representative,advised that the Planning Commission imposed a condition it had no right to impose. Parking for those buildings was not required at the time they were built. The applicant agreed with deleting Conditions 2,4 and 9 from the 1998 use permit consistent with staff's recommendation. In response to Vice Chair Kcetting's question, Mr. Tucker stated he joined the Planning Commission in February 1999, after the use permit in question was reviewed. Commissioners reported no ex parte communications. Chair Kramer opened the public hearing. Jim Mosher advised that he had reviewed the 1961 and 1998 Planning Commission meeting minutes, both of which were uninformative regarding the use permit for parking. He questioned whether anyone knew if the original request in 1961 was directly related to the buildings and, therefore, someone in 1998 believed the condition had to be preserved. Chair Kramer closed the public hearing. Motion made by Vice Chair Koetting and seconded by Secretary Zak to find this project exemptfrom the California Environmental Quality Act(CEQA) pursuant to Section 15303 under Class 3 and Section 15305 under Class 5 of the CEQA Guidelines, and to adopt Resolution No. 2051 approving Conditional Use Permit No. UP2017-003 to amend Use Permit No. UP3638 with modifications to prior Conditions 2, 4, and 9. Vice Chair Koetting expressed appreciation for the applicant's Interest in offering parking to the City. AYES: Kramer, Koetting, Zak, Lawler,Weigand NOES: None ABSTAIN: None ABSENT: Dunlap, Hillgren ITEM NO. 3 UPTOWN NEWPORT MASTER SITE DEVELOPMENT REVIEW AMENDMENT(PA2017-031) Site Location: 4311-4321 Jamboree Road Commissioner Lawler recused himself from the item as he had a business interest located immediately adjacent to the subject property. Chair Kramer granted Commissioner Lawler's request to be excused from the remainder of the meeting. Associate Planner Ung reported the amendment consisted of a proposal to consider alternative locations and phasing for the commercial component by removing 10,700 square feet of retail space from Lot 3 and relocating approximately 6,500 square feet of retail space to Lots 1 and 2. The Uptown Newport development is a planned community consisting of approximately 1,244 residential units, up to 11,500 square feet of neighborhood-serving retail space, and two one-acre public parks to be developed in two phases. Phase 1 consisted of approximately 680 units,retail space,and a one-acre park,with remaining units to be developed in Phase 2. The Uptown Newport project, containing approximately 25 acres, is located off Jamboree Road in the Airport Area. The construction phase of Phase 1 is underway. The master site plan identified the project boundaries, Phases 1 and 2, building footprints, public park locations, and potential commercial development sites. Once the zoning documents were in place, the project would be implemented in two layers. First, the Master Site Development Review application would be subject to Planning Commission approval to ensure the entire project would be developed in a cohesive manner in two phases. Second, the Minor Site Development Review application would be subject to Community Development Director approval to ensure individual buildings and parks to be built consistent with the Master Site Development Review approval. Staff spent quite a bit of time ensuring the planned development is in compliance with zoning documents and Master Site Development Review, In 2013, the Planning Commission approved the Master Site Development Review for the entire project and approved prototypical architectural styles, master landscape plans, preliminary public parks and paseo plans, preliminary wall/fencing design, and preliminary site Page 2 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/23/2017 improvement plans. In 2016,the Community Development Director approved the Minor Site Development Review for the first project in Phase 1 and building permits for the project were readyfor issuance. The applicant requested the Planning Commission consider alternative locations and phasing for retail space by eliminating retail space from Lot 3 and relocating it to Lots 1 and 2. The applicant provided some conceptual renderings for the proposed building configuration on Lot 2 and proposed revising the parking lot layout at the entry drive. City Traffic Engineer Brine requested the Planning Commission consider removing parking spaces because of the safety issues. The proposed amendment is consistent with the General Plan and Zoning Code. Conceptual renderings are consistent with Design Guidelines. The CEQA review and analysis concluded there would be no new environmental impact. The applicant requested changes to Condition Numbers 4 and 19 concerning construction on Lot 2 and parking. Staff recommended approval of the project. Bill Shopoff, applicant's representative, advised that the term of the Tower Jazz lease extended to 2022, with an option to renew to 2027. Because of the lease, there could be a significant amount of time between construction of Phases 1 and 2. Lot 2 was physically within Phase 1 but it became part of Phase 2 on the phasing map. That was probably an oversight by the applicant. In the land use regulations, retail uses were permitted throughout the Uptown Newport Planned Community. There was no specific place they couldn't be, and no specific place where they could be. With respect to Condition 19, the applicant recommended retaining the five parking spaces as parking was critical. Because of concern about the building mass along Jamboree Road, the applicant gave up 30 units to create the pool/recreation area. In response to Vice Chair Koetting's questions, Mr. Shopoff stated all parking for the apartments is located underground. The windows shown underneath the pool were related to parking and some units that wrapped the perimeter of the building. In reply to Chair Kramer's inquiries, Mr. Shopoff indicated up to 11,500 square feet of retail could be located anywhere in the project. The applicant was contemplating a minimum of 6,500 square feet in Phase 1, but it could be more. Once the electrical substation -has decommissioned, the applicant could add 3,000-5,000 square feet of retail in its space. Utility lines along Jamboree Road would be underground with a pole located in front of the substation. The five parking spaces would not be a safety hazard with the use of proposed barriers and signage. Diagonal parking remained in the plans. In response to Chair Kramer's question, City Traffic Engineer Brine explained that in the original plan people could leave those five parking spaces and walk directly into retail. With the relocation of retail space to Lot 2, people would have to cross the main entryway to reach retail. The concern was the safety of people crossing the street. In reply to Secretary Zak's questions, staff responded that there was no minimum requirement for retail space. The applicant proposed to develop all retail in Phase 1. The Planning Commission's previous discussion focused on the entryway. Staff brought the project before the Planning Commission to receive comments regarding the location of the commercial space before proceeding with implementation of the project. Additionally, staff would need to review the plans to determine the distance from Jamboree Road to the beginning of the parking spaces per Secretary Zak's inquiry. Speed bumps were not feasible from an emergency response standpoint. Staff's concern was the number of vehicles because the intersection was the primary access to the development. In the prior plan, residential development was planned for the substation site once it was removed. In response to Commissioner Weigand's inquiries, Mr. Shopoff indicated excess parking for the restaurant could be located in Lot 1 or 3, as determined by a future parking management study. Parking for the apartment project is located underground, in Lots 3 and 4 with the entrances in each lot. He did not know if there would be a pop- out for pedestrians. The applicant wanted to bring neighborhood-serving retail to the project. In reply to Vice Chair Koetting's question, Associate Planner Ung reported the applicant initial proposal was to remove the handicap stall shown with an "X"and push the rest of the parking spaces north,farther from Jamboree Road. In response to Vice Chair Koetting's questions, Mr. Shopoff advised that the "X" showed the deletion of the handicap parking space. It was relocated to spaces behind the retail. A median could attract more people to cross the street outside the crosswalk. The applicant proposed signage, landscaping, and relocating parking spaces to deter people from crossing outside the crosswalk. Page 3 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/23/2017 In reply to Vice Chair Koetting's request, City Traffic Engineer Brine explained that staff spent a lot of time considering whether angled parking spaces would work for the entry drive. He did not believe a median would work but angled parking stalls would be okay. Commissioners reported they met with the applicant and his consultant. Chair Kramer opened the public hearing. Jim Mosher remarked on the public's skepticism regarding planned communities in general and in relation to no minimum requirement for retail amenities in this project. There seemed to be a downsizing of the original plan for a mix of uses. The market seemed extremely small to serve a residential community of this size. Chair Kramer closed the public hearing. Secretary Zak questioned whether Commissioners should include a condition for development of the substation location. Chair Kramer preferred retail along the entirety of the street entrance. Mr. Shopoff agreed to add an additional 2,000-3,000 square feet of retail space subject to its availability on Lot 2. Secretary Zak added subject to the ability to provide adequate parking for the retail spaces and requested staff prepare a condition. In response to Vice Chair Kcetting's inquiries, Mr. Shopoff reported the life of the substation was 5-10 years depending on the duration of the Jazz lease. The limitation on retail space was related to the amount of available trip counts in the 2006 General Plan. Should more retail become available, the applicant would request it. Commissioners Kramer, Zak, and Weigand agreed to keep the angled parking spaces as requested by the applicant. City Traffic Engineer Brine requested general language for the condition regarding parking. Deputy Director Wisneski suggested deleting Condition 19 that restricted angle parking. Motion made by Commissioner Weigand and seconded by Chair Kramer to find all environmental effects of the Uptown Newport mixed-use residential development have been previously addressed by the certification of Final Environmental Impact Report No. ER2012-001 (SCH No. 2010051094) and no new environmental impacts and no impacts of greater severity would result from approval and implementation of the alternative location for the commercial component analyzed in the Addendum 1 to the Uptown Newport Final EIR; and to approve the requested Amendment by Adopting Resolution No. 2052 approving Site Development Review No. SD2017- 001 with an amendment to Condition 4 to reflect the applicant's proposal, deletion of Condition 19, and an additional condition stating additional nonresidential development shall be established on Lot 2 once the substation is removed provided that the development complies with allowable square footage and with Development Standards. AYES: Kramer, Koetting, Zak,Weigand NOES: None RECUSED: Lawler ABSENT: Dunlap, Hillgren VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION None. ITEM NO. 5 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on City Council Items Deputy Director Wisneski provided a tentative meeting agenda. On April 6, the Planning Commission would consider an Ocean Boulevard variance in the China Cove development and a use permit for the Big Newport Theater. Page 4 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/23/2017 ITEM NO. 6 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT Vice Chair Koetting noted the proliferation of signs in windows and on buildings in the Mariners' Mile area and inquired about Code Enforcement. Deputy Director Wisneski agreed there were potential issues for Code Enforcement. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES Chair Kramer would be absent on April 6. IX. ADJOURNMENT— 7:35 p.m. The agenda for the Planning Commission meeting was posted on Friday, March 17, 2017, at 12:57 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, March 17, 2017, at 12:55 p.m. CKory Peter Zak, Secret ry Page 5 of 5