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HomeMy WebLinkAbout2.0_Draft Minutes_07-20-2017NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, JULY 20, 2017 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 — Secretary Weigand III. ROLL CALL PRESENT: Chair Peter Koetting, Vice Chair Peter Zak (arrived at 6:35 p.m.), Secretary Erik Weigand, Commissioner Bill Dunlap, Commissioner Lauren Kleiman, Commissioner Kory Kramer, Commissioner Lee Lowrey ABSENT: None Staff Present: Deputy Director Brenda Wisneski; Deputy City Attorney Andrew Maiorano; City Traffic Engineer Tony Brine, Chief Building Official Seimone Jurjis, Associate Planner Makana Nova, Administrative Support Specialist Jennifer Biddle; Administrative Support Technician Patrick Achis Deputy Director Wisneski announced Item Number 4, the Mariners' Mile Revitalization Master Plan, has been withdrawn; therefore no action would be required. IV. REQUEST FOR CONTINUANCES Deputy Director Wisneski reported staff has withdrawn Item Number 4 from consideration. V. PUBLIC COMMENT VI. Allan Beek remarked that the Mariners' Mile Revitalization Master Plan should be considered with the General Plan, not before or after the General Plan. Peggy V. Palmer, Coalition to Protect Mariners' Mile, felt all plans for Mariners' Mile should be considered in their entirety to ensure there are compatible and responsible developments. The widening of Pacific Coast Highway is the main obstacle to the progress of future projects. Approximately 2,000 people have opposed the Plan. [Commissioner Zak arrived at 6:35 p.m.] Slavica Milosavyevic indicated residents want to work with the City to develop a plan for Mariners' Mile. Deputy City Attorney Maiorano reiterated for the benefit of latecomers that Item Number 4 has been removed from the agenda, and the public may address Item Number 4 during Public Comment. ITEM NO. 1 MINUTES OF JUNE 8, 2017 Recommended Action: Approve and file Item Number 1 has been continued. ITEM NO. 2 MINUTES OF JULY 6, 2017 Recommend Action: Approve and file 1 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES VII. 07/20/2017 Motion made by Chair Koetting and seconded by Secretary Weigand to approve the draft minutes of the July 6, 2017 meeting as presented. AYES: Koetting, Zak, Weigand, Dunlap, Kleiman, Kramer NOES: None ABSTAIN: Lowrey ABSENT: None PUBLIC HEARING ITEMS ITEM NO. 3 ULLMAN SAILS LOFTS MIXED-USE AND RESIDENTIAL (PA2017-059) Site Location: 410 and 412 29th Street Commissioner Lowrey recused himself from the item. Associate Planner Makana Nova reported the proposed project is located in the Cannery Village neighborhood and consists of three legal parcels. The three parcels would be subdivided into two legal lots as part of the Tract Map. The original building contains 9,600 square feet and was constructed in 1948. For the last few years, the building has not been occupied by a commercial use. No parking is provided on-site. The proposed mixed-use development has one retail unit on the ground floor and three residential units would be located on the interior parcel. All residential parking will be provided on-site and will include two guest parking spaces and one Americans with Disabilities Act (ADA) commercial space. An office unit and one residential unit are proposed for the second floor of the mixed-use portion of the development. The four residential units comprise the third floor across both lots. Associate Planner Nova discussed the project's compliance with the standards for the Coastal Development Permit application. The proposed project complies with all FAR limitations. Mixed-use is required on the end parcels, and only residential units are allowed on inland parcels. Because one portion of the site is a low-lying area, the finished floor is required to be built up to 9 feet to comply with the Zoning Code. The project will also be required to address liquefaction. A water quality management plan was required as part of the preliminary review and will be finalized during the plan check process. The inland parcel has no issues with vertical or horizontal coastal access. Associate Planner Nova described the request for a parking waiver as part of the Conditional Use Permit application. All code -required parking spaces for the residential units are provided on-site. Five parking spaces are required for the commercial space but only one ADA parking stall is provided on-site. As part of the proposed project, two parking spaces will be added on -street by closing an existing curb cut. Based on the floor area of the existing building, 39 parking spaces are required. The proposed project requires a total of 15 parking spaces and 11 of the 15 are provided on-site. Therefore, a waiver of four parking spaces is required. Public parking, both on -street and in public lots, are available in the Cannery Village area. The public parking lots are available through annual and master parking permits. On -street parking is limited to two hours and metered between the hours of 8 a.m. and 6 p.m. daily. Associate Planner Nova explained that a minor site development review is required because the mixed-use portion of the project contains one to four residential units and just under 10,000 square feet of nonresidential floor area. All pedestrian and vehicle access occurs from the rear alley as recommended by Public Works. Landscape and open space areas are provided as required by the Zoning Code. There is no issue with public view protection since the project site is located on an interior site in the Cannery Village area. The proposed project will comply with the height limit of 26 feet for a flat roof and 31 feet for a sloped or pitched roof. The parapet walls will be slightly below the 26 -foot height limit, and the ridge of the roof will comply with the 31 -foot height limit. The bulk and scale of the project is intended to be reminiscent of the existing Ullman Sails building. Materials include a white -painted concrete masonry unit (CMU) veneer, smooth, white stucco, metal roof, panel siding, vertical wood siding, aluminum clad windows, and exposed steel elements. The applicant proposes 200 square feet of landscaping. The setbacks for the property are 0 feet along Villa Way and 29th Street. The building closely hugs the property line which is encouraged by the Zoning Code and General Plan policies for the Cannery Village neighborhood. There is no minimum landscape requirement per the Zoning Code. The proposed landscape will comply with water efficient landscape standards because there is less than 500 2 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 07/20/2017 square feet of landscape. No street trees are required in the area because sidewalk areas are too narrow to accommodate them. Associate Planner completed her presentation of the project and explained that the tentative tract map proposes consolidating two lots and widening the end parcel slightly. The end parcel needs the lot width deviation because it does not meet the minimum lot width of 40 feet. Widening the existing condition will bring the lot closer to conformance than the underlying lot configuration. Six condominium units are proposed for the residential, retail, and office units on-site. In response to Commissioner Dunlap's query, Associate Planner Nova indicated two on -street parking spaces will be created by closing the drive approach to the building. In response to Vice Chair Zak's questions regarding LCP compliance with Zoning Code requirements, Associate Planner Nova explained that the Zoning Code allows parking to be waived through the conditional use permit process. If the Planning Commission approves the conditional use permit for the proposed project, then the proposed project will comply with standards and process authorized under the Zoning Code. This particular property is not located in an area subject to appeal to the Coastal Commission. The Planning Commission's decision could be appealed to the City Council but the Council's decision could not be appealed to the Coastal Commission. Chair Koetting expressed surprise that there is not more landscaping. Some street trees near the proposed project are doing well. Material boards should provide actual materials, not a photograph of a building. A restaurant in the building will exacerbate the parking deficiency. The building design is interesting and well - conceived. Rooftop solar would be a nice addition to the project. In response to Chair Koetting's inquiries, Associate Planner Nova reported that the project is parked for retail or office use which could accommodate a limited take-out restaurant because it is parked at a retail rate. The project could not accommodate a larger restaurant facility. Staff felt the small space of 600 square feet is appropriate for this development. Employees will use public parking spaces in the area. In reply to Commissioner Kleiman's queries, Associate Planner Nova advised that she did not have parking counts for the public parking lots. There is no charge for on -street parking after 6 p.m. Commissioner Kleiman requested the applicant speak to the description of limited landscape areas to soften the massing and provide additional common area amenities. Deputy Director Wisneski clarified that the existing use generates a demand of 39 parking spaces, while the proposed project generates a parking demand of 15 parking spaces. This is an overall reduction in parking demand. The Planning Commission is reviewing a parking waiver because it needs to consider the proposed project as new development. In reply to Chair Koetting's question, Associate Planner Nova indicated the main finished floor of habitable area is required to be built at 9 feet. Commissioners reported no ex parte communications. Chair Koetting opened the public hearing. Christopher Brandon, project architect, remarked that the pockets of landscaping look small. The sidewalk and public right-of-way is very narrow and filled with utilities so there is no room for street trees. There are open patios on the larger parcel facing Villa Way. Those patios are not public space but they will be well landscaped and maintained by the owners. In response to Chair Koetting's query, Mr. Brandon indicated utilities will be placed underground where possible. The applicant plans to integrate rooftop solar and is investigating the new Tesla tiles. The residential space is fully parked but the commercial space is deficient for parking. 3 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES VIII. 07/20/2017 Chair Koetting requested the name of the applicant. The application indicates Berk Properties but the Commission needs a name to determine potential conflicts of interest. Mr. Brandon identified David Davutoglu as the representative for Berk Properties and indicated that he was present at the meeting. In response to Commissioner Kramer's question, Associate Planner Nova explained that only two lots will be merged to comply with the General Plan requirement for mixed use to be located on the inland parcel. In reply to Commissioner Dunlap's inquiry, Mr. Brandon advised that two of the warehouse doors are operable, but one has to be fixed to comply with the Code. Chair Koetting closed the public hearing. Commissioner Kramer commended the applicant and architect for a great design. It is compatible with the Cannery Village neighborhood and maximizes the potential of the site. Commissioner Dunlap agreed with Commissioner Kramer's comments. The Commission will have to review projects in the area that will not meet Code requirements for parking because the area never had parking. Motion made by Commissioner Kramer and seconded by Commissioner Dunlap to adopt Resolution No. 2063 approving Coastal Development Permit No. CD2017-025, Conditional Use Permit No. UP2017-005, Minor Site Development Review No. SD2017-003, and Tentative Tract Map No. NT2017-001; and finding this project exempt from the California Environmental Quality Act pursuant to Section 15332 of the CEQA Guidelines under Class 32. AYES: Koetting, Zak, Weigand, Dunlap, Kleiman, Kramer NOES: None RECUSED: Lowrey ABSENT: None Commissioner Lowrey returned to the meeting. ITEM NO. 4 MARINERS' MILE REVITALIZATION MASTER PLAN (PA2016-081) Site Location: Mariners' Mile (West Coast Highway between Dover Drive and Newport Boulevard) As announced earlier, staff withdrew this item from the agenda. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION None. ITEM NO. 6 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on City Council Items Deputy Director Wisneski announced the August 3 meeting will be canceled. The agenda for the August 17 meeting contains two hearing items. One is an amendment to the use permit for Lido Marina Village and the second is an amendment to the use permit for the Villas at Fashion Island. In reply to Commissioner Kramer's request, Deputy Director Wisneski advised that the Commission had approved a use permit to allow alcohol service at the cafe and the restaurant in the Villas at Fashion Island. The applicant seeks to amend the use permit to allow live entertainment and to expand the alcohol service areas. The applicant is interested in hosting a tour for Commissioners. In response to Chair Koetting's query, Deputy Director Wisneski indicated the Planning Commission approved a use permit with a parking management plan for Lido Marina Village. The applicant instituted a pilot program that 4 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 07/20/2017 allows employees to park in the parking structure at no charge, and the applicant no longer provides the employee shuttle. The parking structure has capacity for employees and customers. Deputy Director Wisneski reported staff has received close to 60 applications for Local Coastal Permits to date, approximately 20 of which have been approved by the Zoning Administrator. The permit applications being presented to the Planning Commission are usually associated with other discretionary permits. Commissioner Kramer noted the Commission policy for an applicant to provide a materials board. ITEM NO. 7 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT None. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES None. IX. ADJOURNMENT — 7:16 p.m. The agenda for the Planning Commission meeting was posted on Friday, July 14, 2017, at 3:20 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, July 14, 2017, at 5:20 p.m. Peter Koetting, Chair Erik Weigand, Secretary 5 of 5 Planning Commission - August 17, 2017 Item No. 2a Additional Materials Received Draft Minutes of July 20, 2017 Aug. 17, 2017, Planning Commission Agenda Item Comments These comments on Newport Beach Planning Commission agenda items are submitted by: Jim Mosher ( iimmosher(o)yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 1. MINUTES OF JUNE 8, 2017 The following correction was previously suggested in a comment submitted for the July 6, 2017, meeting. Page 2, Item 3, paragraph 1, line 5: "Staff presented a summary of the amendments to the Corona del Mar Realters Residents Association." Item No. 2. MINUTES OF JULY 20, 2017 Suggested changes to draft minutes passages are shown in strikeouf underline format Page 1, Item V, paragraph 2: "Peggy V. Palmer, Coalition to Protect ">s Mariner's Mile, felt all plans for Mariners' Mile should be considered in their entirety to ensure there are compatible and responsible developments." [The Coalition punctuates "Mariner's" as indicated, following the City's monument signs and the City's vision/design document.] Page 2, Item 3, paragraph 1: "Commissioner Lowrey recused himself from the item." When a possible financial conflict exists, California's Political Reform Act requires (Gov. Code Sec. 87105) not only recusal, but also a brief oral explanation of the conflict. If that was the reason for the recusal here, one would hope the minutes would include the gist of the explanation that was offered.] Page 2, Item 3, paragraph 2, last sentence: "The four residential units sewPFise fill the third floor across both lots." [At least to me, the word "comprise" is confusing -- making it sound like the residential units are somehow "equal to" or "confined to" the third floor. "Fill' is not a perfect replacement, but it's a little closer to the intended meaning, which seems to be to point out that (unlike on the first two floors) there is nothing but residential development on the third floors. If that is indeed what was intended, using the latter phrase would seem even better.] Page 3, first full paragraph: "Associate Planner Nova completed her presentation of the project and explained that the tentative tract map proposes consolidating two lots and widening the end parcel slightly." Page 3, paragraph 3 from end: "Commissioners reported no ex parte communications." [I find the Commission's disclosure of ex parte communications very commendable. However, the disclosures, when they occur, still fall a bit short of the best practice recommended by California's Institute for Local Government and followed by such bodies as the California Coastal Commission. That best practice is that not only should the existence of an ex parte communication be revealed at any quasi- judicial hearing, but also the general content of the communication — both so all parties are on the same page, and so those with a differing point of view have a chance to rebut whatever information the Commissioner may have heard.]