Loading...
HomeMy WebLinkAbout1.0_Draft Minutes_10-19-20171911 NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, OCTOBER 19, 2017 REGULAR MEETING — 6:30 p.m. CALL TO ORDER - The meeting was called to order at 6:27 p.m. PLEDGE OF ALLEGIANCE — Vice Chair Zak ROLL CALL PRESENT: Chair Peter Koetting, Vice Chair Peter Zak, Secretary Erik Weigand, Commissioner Kleiman, Commissioner Kory Kramer, Commissioner Lee Lowrey ABSENT: Commissioner Bill Dunlap Staff Present: Community Development Director Seimone Jurjis, Assistant City Attorney Michael Torres, City Traffic Engineer Tony Brine, Principal Planner Jim Campbell, Assistant Planner Liz Westmoreland, Administrative Support Specialist Jennifer Biddle, Administrative Support Specialist Brittany Ramirez, Administrative Support Technician Patrick Achis PUBLIC COMMENT Jim Mosher felt the cancellation of the study session regarding the Koll Center Environmental Impact Report (EIR) was a mistake. Holding a study session helps the Planning Commission focus on the EIR and helps the public make intelligent comments. REQUEST FOR CONTINUANCES None CONSENT ITEMS ITEM NO. 1 MINUTES OF OCTOBER 5, 2017 Recommended Action: Approve and file Commissioner Lowrey clarified that he abstained from the vote on Item 1, approval of the June S, 2017 minutes. Motion made by Chair Koetting and seconded by Vice Chair Zak to approve the draft minutes of the October 5, 2017 meeting with Mr. Mosher's revisions. AYES: Koetting, Zak, Weigand, Dunlap, Lowrey NOES: None ABSTAIN: Kleiman ABSENT: Dunlap PUBLIC HEARING ITEMS ITEM NO. 2 NEWPORT AUTO CENTER OFF-SITE PARKING (PA2017-097 AND PA2016-164) Site Location: 445 East Coast Highway; 1131 Back Bay Drive; 101 Bayside Drive Continued from October 5, 2017 Assistant Planner Liz Westmoreland reported the application relates to off-site parking for the Newport Auto Center. The existing automobile sales and service facility was initially permitted in the 1960s. Since that time, entitlements have been modified to allow improvements. One intent of the application is to consolidate all entitlements so that only one use permit governs operations at the site. A key component of the site plan is the access route for transport vehicles delivering vehicles to the site. In the past, transport vehicles have utilized the public right-of-way to drop off vehicles. The applicant corrected this issue by providing adequate on-site space. Staff has received no complaints since approximately January 2017. The dealership will be 1 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/19/2017 required to clean up or remove anything that does not align with the site plan. The application has two distinct components: the conditional use permit to allow off-site employee parking and a limited term permit for off- site inventory parking. Pursuant to existing entitlements, the applicant is required to maintain 70 employee parking spaces at the site. The conditional use permit will allow the applicant to reallocate the 70 spaces to an off-site location. No activities other than parking of employee vehicles will be permitted at the off-site location. A shuttle will operate between the off-site location and the dealership facility. The limited term permit will allow a maximum of 300 inventory vehicles to be stored on the site for a maximum of one year. After one year, the applicant can request approval of a second year. After a second year, the applicant will need to find an alternate location. The only activity authorized at the inventory site is the parking of inventory vehicles. Customers are not allowed to access the site per conditions of approval. Staff received public correspondence expressing concerns regarding unauthorized activities which will not be permitted under the conditions of approval. Staff believes any issues related to dust at the lot will be negligible based on 5-10 trips per day. The Commission can include a condition requiring intermittent watering of the site. Staff analyzed compatibility with surrounding uses and impact of either off-site location on public access or recreation uses at The Dunes. Both sites at The Dunes are currently used for parking, which will be maintained under the applications. Both sites have buffers to residential uses. Public Works has vetted established routes to and from both sites. If additional parking is needed for public recreation or a special event at The Dunes, the applicant will be required to move the vehicles to an approved off-site location which will likely be in Irvine. The applicant will not utilize any parking supply required by the settlement agreement governing the site. Based on the findings and conditions contained in the resolution, staff recommends approval of the conditional use permit and the limited term permit and requests revocation of all existing use permits, associated amendments, and the most recent staff approval. In response to Secretary Weigand's question, Assistant Planner Westmoreland advised that the limited term permit authorize parking of inventory vehicles within the specified area. In reply to Chair Koetting's inquiries, Assistant Planner Westmoreland indicated existing conditions of approval do not require the applicant to pave, water, or oil the unpaved area. The Commission could add a condition requiring intermittent watering of the unpaved portion. Lighting is not proposed for the site. Reported issues are customers accessing the site; test drives occurring on the site, and possibly work being performed on vehicles. Principal Planner Jim Campbell advised that The Dunes is contemplating building a hotel on the site. In answer to Commissioner Kleiman's queries, Assistant City Attorney Torres explained that Section 20.52.040 of the Municipal Code is intended to prevent consecutive limited term permits for the same site. This should not be an issue because there is not an existing limited term permit on the site. Principal Planner Campbell stated the request referenced on handwritten page 2, number six, is the current application. The applicant has been parking vehicles at The Dunes for several years and it has not been a detrimental condition. Current operations at Newport Auto Center do not comply with the Municipal Code. With approval and implementation of the permit, operations will comply with the Code. Staff cannot estimate how often The Dunes will reach existing capacity. Delivery of vehicles will occur only at 445 East Coast Highway, the dealership site. In response to Chair Koetting's inquiry, Assistant Planner Westmoreland reported the application conforms with The Dunes' settlement agreement. The applicant will not utilize any parking spaces required by the settlement agreement. Commissioners reported no ex parte communications. Tim Tauber, Newport Auto Center General Manager, advised that employees will move cars from the inventory site to the dealership and load them onto transport vehicles. Most vehicles will be unloaded in Irvine and brought to the dealership. No large trucks will access the inventory site. In reply to Secretary Weigand's inquiries, Mr. Tauber indicated the agreement is for one year. The company is considering a parking structure to store vehicles after the one-year period. If necessary, the company will move components of the business off the premises. He has a calendar of events held at The Dunes for which vehicles will need to be moved. He could not recall specific events. The company has hired a guard to show transport vehicles where to park while unloading vehicles at the dealership. 2 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/19/2017 Gordon Giacomazzi, Audi Newport Beach General Manager, reported new and used vehicles are delivered to Irvine. Transport vehicles have not been on the premises in the last seven months. He instituted measures to prevent customers from accessing the inventory site but he could not state customers were not accessing the site. Salespeople have to retrieve vehicles from the inventory site to show customers but management is working toward customers not accompanying salespeople to the site. Reconditioning of vehicles is not occurring on the site. Mr. Tauber promised any issues will be addressed immediately if the permits are approved. Chair Koetting opened the public hearing. Jim Mosher remarked that parking is not a recreational use, and the two sites are designated for parks and recreation. Condition 1 refers to approval of plans, but which plans is not clear. Many responsibilities are placed on the applicant, Stantec Company; yet, that company does not appear to be the operator of the business. Compliance issues have been occurring for sometime. He questioned whether the County is aware of the use of The Dunes for parking, whether the use is consistent with the County's lease, and whether taxpayers are receiving any revenue. Mr. Tauber stated events typically occur at The Dunes on a weekend. Only a few employees are on duty on a weekend and they can park at the dealership. Chair Koetting closed the public hearing. In answer to Secretary Weigand's query, Assistant Planner Westmoreland reported the conditional use permit runs with the land and is not limited to one year. Motion made by Commissioner Kramer and seconded by Vice Chair Zak to find this project exempt from CEQA pursuant to Sections 153011 and 15304; and to adopt Resolution No. 2067, approving Conditional Use Permit No. UP2017-014 and Limited Term Permit No. XP2016-009. In reply to Secretary Weigand's question, Assistant Planner Westmoreland indicated employee parking will not be presented to the Planning Commission again unless the applicant modifies the conditional use permit. A request to extend the limited term permit for inventory parking will be presented to the Zoning Administrator, who can refer it to the Planning Commission for review. Secretary Weigand requested the motion be amended to require review of both applications by the Planning Commission after one year for a potential extension of the limited term permit. The maker and seconder of the motion accepted the amendment. Commissioner Kleiman requested clarification regarding shuttle routes and several of the conditions. The resolution needs to state clearly that vehicles need to be moved to the unpaved side of the parking lot. In Condition Numbers 4 and 5, residential streets need to be further defined. Condition Number 8 should state delivery and/or transport vehicles are prohibited in residential neighborhoods and at The Dunes parking site. Condition Number 36 is unclear as to whether the employee shuttle is allowed. The language regarding transport vehicles should be struck from Number 2 on page 8. Commissioner Kleiman requested clarification regarding these conditions. Community Development Director Jurjis explained that many of the conditions were carried forward from the existing use permits. If the Commission directs, staff can revise specific language to address the Commission's concerns. The conditions can prohibit all business activity on residential streets. Secretary Weigand suggested Commissioner Kleiman's concerns are salespeople taking customers to The Dunes to view, look at, review, and/or drive vehicles. In answer to Commissioner Kleiman's query, Assistant Planner Westmoreland indicated that the established route for porters will be Bayside Drive between the parking lot and the dealership. The route for employee shuttles will be along Back Bay Drive, Jamboree, Pacific Coast Highway, and into the site. 3 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/19/2017 In reply to Chair Koetting's inquiries, Assistant Planner Westmoreland reported Condition Number 8 applies to the dealership and has been carried forward from previous use permits. Staff is not aware of any violations specifically relating to Condition Number 8. If directed, Staff can incorporate changes to specific conditions. Commissioner Kleiman requested conditions related to restrictions in residential areas be modified to specify that the employee shuttle is prohibited in residential neighborhoods and that deliveries occur on the dealership site ratherthan The Dunes lot. Commissioner Kleiman did not specifically request an amendment to the motion. Assistant City Attorney Torres explained that the facility mentioned in Condition Number 36 is the dealership property, not the two off-site locations. Amended motion Commissioner Kramer with Vice Chair Zak's concurrence included in the motion two minor edits to the conditions as discussed. AYES: Koetting, Zak, Weigand, Kleiman, Kramer, Lowrey NOES: None RECUSED: None ABSENT: Dunlap ITEM NO.3 LIDO MARINA VILLAGE PARKING MANAGEMENT PLAN AMENDMENT (PA2017-135) Site Location: 3636 Newport Boulevard, 3418.3428 Via Lido, 3434 and 3444 Via Lido, and 3400-3450 Via Oporto Principal Planner Campbell reported Lido Marina Village is a commercial area located between Newport Boulevard and Via Lido generally. The renovation and re -occupancy of the Village is almost complete. The Commission approved the use permit in 2014; authorized a parking reduction, off-site parking, and a parking management plan; established limits on uses; and established occupancy build -out scenarios, which are no longer necessary because off-site parking and a shuttle are provided. With this amendment, the occupancy scenarios will be eliminated. Currently, the project is consistent with the prior use permit. Staff has been tracking all restaurant uses that generate additional parking and the project is below the maximum allowed restaurant capacity. Parking issues began occurring as businesses opened. A plan to obtain 100 off-site parking spaces with a shuttle for employees was approved by the Planning Commission in 2016. Between March and May 2017, Staff and the applicant developed and implemented a pilot program to address parking concerns. Staff has been monitoring parking on a weekly basis. The amended use permit will replace the original use permit. Modifications to the parking management plan allows the shared use of parking at 3700 Newport Boulevard (a new off-site parking facility), continues free employee parking in the parking structure, and requires the shuttle to operate as needed. Revised conditions allow future adjustment to the parking management plan by staff. In reply to Chair Koetting's questions, Principal Planner Campbell indicated Via Oporto is a public City street. Staff reviews parking policies for spaces located in the public right-of-way. The allowed time for parking depends on the need in the area. The Elks Lodge has an agreement with the City to use the City's public parking lot after hours. In answer to Commissioner Kleiman's questions, Principal Planner Campbell advised that the applicant's representative could provide the number of employees and the number of parking spaces available for employees. Commissioner Kramer reported he had spoken with the applicant. Other Commissioners reported no ex parte communications. Chair Koetting opened and closed the public hearing with no public comment. Motion made by Commissioner Kramer and seconded by Vice Chair Zak to find this project exempt from CEQA pursuant to Sections 15305; and to adopt Resolution No. 2068, approving Conditional Use Permit No. UP2017- 019 subject to the findings and conditions of approval. Secretary Weigand clarified that future modifications will be subject to approval by the Community Development Director. 4 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/19/2017 Community Development Director Jurjis advised that staff will continue to monitor parking to ensure there are no or only limited impacts to the surrounding community. If problems arise, staff will return to the Commission. AYES: Koetting, Zak, Weigand, Kleiman, Kramer, Lowrey NOES: None RECUSED: None ABSENT: Dunlap 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 2. Status of the General Plan Update Process Community Development Director Jurjis reported staff will present Sober Living by the Sea to the City Council for review on October 24. The tentative schedule for the November 9 Planning Commission meeting includes items regarding a use permit for a chiropractic facility, a minor use permit for the 76 station, and a Coastal Development Permit at 2607 Ocean Boulevard. A study session with the Council is scheduled for November 14, in which staff will provide a general overview of the General Plan Update process and seek approval to form a General Plan Advisory Committee. Staff will also take general direction from Council Members. In reply to Chair Koetting's queries, Community Development Director Jurjis indicated staff has to begin with obtaining direction from the City Council. Staff will offer recommendations regarding a process to appoint community members to the General Plan Advisory Committee. At the current time, staff does not have a recommendation for the number of Planning Commissioners participating on the committee. Commissioner Kleiman recused herself from discussion of the Koll Center as she has a conflict. Community Development Director Jurjis advised that the comment period for the Koll Center Draft EIR has been extended to November 3. Staff has asked the applicant, the Shopoff Group, to make a presentation at a community forum. The forum is scheduled for October 30 at 6 p.m. in the Friends Room at the Library. He wished to plan a hearing date in December for the Koll Center project and requested Commissioners consider December 14 or December 13 for a special hearing. Another potential date is December 21. Chair Koetting noted the Commission meeting closest to the holidays is typically canceled. In response to Vice Chair Zak's questions, Community Development Director Jurjis stated the public forum would occur rather than a study session. Staff is not as prepared as he would like to present a study session to the Commission, but he would like to present the item to the Commission prior to the holidays. In answer to Chair Koetting's inquiry, Community Development Director Judis indicated staff could plan a study session if the Commission wished. Commissioner Kramer stated the Planning Commission should hold a study session. A public forum is not customary. The applicant needs to meet with staff to determine possible dates prior to December 14 for a study session. Vice Chair Zak concurred with Commissioner Kramer. A study session or hearing just prior to the holidays does not encourage public participation. Secretary Weigand and Commissioner Lowrey concurred. Community Development Director Jurjis advised that staff could possibly be prepared for a study session on December 7. 5of6 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/19/2017 Chair Koetting announced the December 21 meeting would be canceled and the Koll Center item will roll over to January 2018 if staff is not ready on December 7. ITEM NO. 6 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT None. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES None. IX. ADJOURNMENT — 7:26 p.m. The agenda for the Planning Commission meeting was posted on Friday, October 13, 2017, at 5:29 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, October 13, 2017, at 5:38 p.m. Peter Koetting, Chairman Erik Weigand, Secretary 6of6 Planning Commission - November 9, 2017 Item No. 1a Additional Materials Received Draft Minutes of October 19, 2017 November 9, 2017, Planning Commission Item 1 Comments These comments on a Newport Beach Planning Commission agenda item are submitted by: Jim Mosher ( iimmosher(o)yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 1. MINUTES OF OCTOBER 19, 2017 Suggested changes to draft minutes passages are shown in sWkeeut underline format. Page 1, Item I (Call to Order): "The meeting was called to order at 6:27 p.m." [Since the agenda clearly noticed the starting time as 6:30 p.m., this would have been an error if it actually happened. Bodies subject to the Brown Act cannot meet earlier than the date and time announced in the agenda. Later is OK, earlier is not. It's like a bus that departs its station early, leaving people who arrive at the scheduled time, and find it gone, to shift for themselves.] Page 1, Item 2, paragraph 1: "In the past, transport vehicles have utilized the public right-of- way to drop off vehicles. The applicant corrected this issue by providing adequate on-site space. Staff has received no complaints since approximately January 2017." [after -the -fact comment: seem to recall seeing, just last week, an auto transport vehicle parked in the center turning lanes of Bayside Drive, adjacent to the Newport Auto Center.] Page 2, paragraph 2: "In response to Secretary Weigand's question, Assistant Planner Westmoreland advised that the limited term permit awe authorizes parking of inventory vehicles within the specified area." [note: I don't think the significance of this will be immediately clear to readers. I believe the response was that the authorization will be to park inventory in the area indicated in the new permit (a dirt lot), and not in the area where Newport Auto Center currently parks inventory as shown on photos exhibited during the presentation (a paved lot).] After -the -fact comment: I continue to be unable to see how October 19th's Item 2, making approval of Newport Auto Center's use permit application contingent on the Newport Dunes dedicating a portion of their visitor parking lot to Auto Center employee parking, could have been processed as a Conditional Use Permit. I thought CUP's were a mechanism to review proposed uses which are already allowed by the Zoning Code and General Plan, but which may need site-specific conditions to approve. I can see no way in which commercial employee parking unrelated to any recreational function could be regarded as an allowed use on aap rcel with a Parks and Recreation General Plan designation (albeit with a "Planned Community" designation in the Zone Code, but with no adopted text to distinguish it from the general PR zoning). And I do not see how a demonstration that a proposed use, as conditioned, will not interfere with the allowed uses currently in place on that site makes it an allowed use. Indeed, per Table 2-14 in NBMC Sec. 20.26.020, the only parking allowed in PR -zoned districts is that accessory to the recreational uses, and even then, only with a Minor Use Permit. By the present logic it would appear a CUP could be used to dedicate a portion of an Open Space district for parking (public or private) as long as the Commission finds the proposed conditions will cause it not to interfere with enjoyment of the remainder of the property as open space. This despite there being nothing in Table 2-14 suggesting parking of any kind is allowed in OS districts by issuance of a CUP. Or, presumably, a CUP can now be used Planning Commission - November 9, 2017 Item No. 1a Additional Materials Received Draft Minutes of October 19, 2017 November 9, 2017, PC agenda item 1 comments - Jim Mosher Page 2 of 2 to approve a house in a strictly commercial district if the Commission finds that, as conditioned, it would be compatible with the existing General Plan and Zoning Code - allowed uses (leaving a stunned public to find something in the General Plan or Zoning Code that specifically disallows the unlisted use). I recall raising this same objection when the Commission approved a teen tutoring center — a use with no marine or recreational connection whatsoever -- in a CM (Commercial Recreational and Marine) Zoning District, staffs response being a majority of the uses would still be marine -related (Item 3, Sept. 17, 2015). Page 2, Item 3, paragraph 1, next to last sentence: "Modifications to the parking management plan allows allow the shared use of parking at 3700 Newport Boulevard (a new off-site parking facility), ..."