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
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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
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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.
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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.
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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
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