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HomeMy WebLinkAbout03/08/2018 - Planning CommissionIV. V. V1. NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE THURSDAY, MARCH 8, 2018 REGULAR MEETING — 6:30 P.M. CALL TO ORDER — The meeting was called to order at 6:30 p.m. PLEDGE OF ALLEGIANCE — Chair Koetting ROLL CALL PRESENT: Chair Peter Koetting, Secretary Erik Weigand, Commissioner Lauren Kleiman, Commissioner Lee Lowrey ABSENT: Vice Chair Peter Zak, Commissioner Bill Dunlap, Commissioner Kory Kramer Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim Campbell, Assistant City Attorney Michael Torres, City Traffic Engineer Tony Brine, Associate Planner Benjamin Zdeba, Assistant Planner Melinda Whelan, Administrative Support Specialist Brittany Ramirez, Administrative Support Technician Patrick Achis PUBLIC COMMENTS Jim Mosher remarked that cancellation of a meeting on the day of the meeting is unusual. Cancellation of the February 8 Planning Commission meeting was a disservice to the public because of public interest in the Cliff Haven item. The Commissioners rather than staff should have made the decision to cancel the meeting. REQUEST FOR CONTINUANCES Deputy Director James Campbell reported Items 3 and 7 will be continued to the next Planning Commission meeting. The application for Item 2 was withdrawn earlier in the day and no action is required by the Planning Commission. Staff requested Items 4 and 5 be removed from the agenda. CONSENT ITEMS ITEM NO. 1 MINUTES OF JANUARY 18, 2018 Recommended Action: Approve and file Motion made by Secretary Weigand and seconded by Commissioner Lowrey to approve the draft minutes of the January 18, 2018 meeting with the inclusion of Jim Mosher's edits. AYES: Koetting, Weigand, Kleiman, Lowrey NOES: None ABSTAIN: None ABSENT: Zak, Dunlap, Kramer CONTINUED BUSINESS: ITEM NO.2 MYERS PROPERTY ALTERNATIVE SETBACK DETERMINATION (PA2017-184) Site Location: 358 Dahlia Place Summary: This item was continued from the January 18, 2018, to this meeting. Staff now requests that this item be removed from calendar to allow further review of the proposal including the procedural and permitting requirements. 1 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 3/8/2018 Recommended Action: Deputy Director Campbell advised that no Commission action is required as the application has been withdrawn ITEM NO. 3 TACO BELL CANTINA CONDITIONAL USE PERMIT (PA2017-198) Site Location: 2121 West Balboa Boulevard Summary: This item was continued from December 7, 2017, to this meeting. Staff requests an additional continuance to March 22, 2018. Staff is reviewing revisions to several proposed operational characteristics and conditions requested by the applicant. Recommended Action: Staff requests that the Planning, Commission continue this item to March 22, 2018. Motion made by Secretary Weigand and seconded by Chair Koetting to continue this item to March 22, 2018. AYES: Koetting, Weigand, Kleiman, Lowrey NOES: None ABSTAIN: None ABSENT: Zak, Dunlap, Kramer ITEM NO.4 DEAN RESIDENCE (PA2017-167) Site Location: 16 Bay Island Summary: This item was scheduled for the February 22, 2018, Planning Commission meeting. This meeting was subsequently canceled. Staff now requests that this item be removed from calendar to allow further review of the proposal including the procedural and permitting requirements. Recommended Action: Staff requests that the Planning Commission remove this item from the calendar. Motion made by Secretary Weigand and seconded by Commissioner Lowrey to remove this item from the calendar. AYES: Koetting, Weigand, Kleiman, Lowrey NOES: None ABSTAIN: None ABSENT: Zak, Dunlap, Kramer ITEM NO. 5 REESE POOL HOUSE VARIANCE (PA2017-214) Site Location: 354 Vista Baya Summary: The application is for a variance to allow the reconstruction of a 193.7 -square -foot, single -story pool house within the 20 -foot rear setback and 5 -foot side setback. Recommended Action: Staff requests that the Planning Commission remove this item from the calendar. Motion made by Chair Koetting and seconded by Commissioner Kleiman to remove this item from the calendar. AYES: Koetting, Weigand, Kleiman, Lowrey NOES: None ABSTAIN: None NEWPORT BEACH PLANNING COMMISSION MINUTES 3/8/2018 ABSENT: Zak, Dunlap, Kramer VIII. PUBLIC HEARING ITEMS ITEM NO.6 ATRIA SENIOR LIVING NEWPORT BEACH (PA2017-212) Site Location: 393 Hospital Road and 4000 Hilaria Way Summary: The Applicant proposes the redevelopment of an existing senior convalescent and congregate care facility (i.e., memory care and assisted living) on an approxiamtely 3.7 -acre site. Currently there are three parcels with two separate buildings totaling 96,039 square feet in gross floor area and 340 beds. The proposed redevelopment will merge the three underlying legal parcels to create a single building site. The southerly building will be demolished and the northerly building will be modified to create a combined 119,543 -square -foot facility with 195 beds. Also included in the design are ancillary spaces such as a common kitchen and dining area, as well as shared amenities such as a fitness room, yoga room, theater, salon, and bistro. All required parking will be provided on-site. The proposed design complies with all Zoning Code development standards and no deviations are requested. The Applicant requests an establishment of grade since portions of the building site have been altered and are not representative of the prevailing grades across the site. If approved, this action would supersede Use Permit No. UP1285, Use Permit No. UP1396, and Modification Permit No. MD3054. Recommended Action: 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 (Minor Land Divisions) and Section 15332 (Infill Development) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. _ approving Lot Merger No. LM2017-006, Major Site Development Review No. SD2017-007, Minor Use Permit No. UP2017-029, and Staff Approval No. SA2018- 004. Associate Planner Benjamin Zdeba presented a PowerPoint summarizing the proposed project. The first slide provided an artistic rendering of the project as seen from Patrice Road. The site is located at the southwestern corner of Newport Boulevard and Hospital Road and is adjacent to Hoag Hospital, Newport Lido Medical Center, multifamily residential uses to the west, Flagship Healthcare Center to the north, and the Hoag upper campus beyond. The sites are designated for Private Institutional land uses except for the Hoag upper campus and Newport Lido Medical Center, which are designated Commercial Office Medical. The site has been developed with a convalescent/congregate care facility, which is comprised of a northern building and a southern building. The buildings have had minimal upgrades since they were constructed in 1968 and 1970. Atria Senior Living purchased the property and business in 2017. The property is comprised of three lots and the northern building is built over one of the legal lot lines. The applicant proposes to demolish the southern building and reconstruct it with additional floor area; to remodel the northern building to match the new southern building; and to connect the two buildings to create one facility with shared amenities such as a yoga room, fitness studio, salon, bistro, and theater. Staff does not believe there will be an increase in intensity of use or traffic to the site due to the proposed reduction in the number of beds from 340 to 195. The southern building will be pulled back approximately 60 feet from the property line along Newport Boulevard, except for the "statement" element located within the existing footprint and approximately 20 feet from the property line. Components of the building abutting the Newport Lido Medical Center to the west are located within a similar footprint. The applicant proposes to reconstruct the storm drain located within the easement in order to construct a ramp and awning that would connect the buildings. The three lots proposed for merger are irregularly shaped and comparable in size to adjacent and nearby parcels. The proposed use is consistent with the purpose and intent of the Private Institution designation and complies with all standards contained in the General Plan and Zoning Code including floor area ratio, height and required parking. Proposed conditions of approval are intended to help ensure the project is not detrimental to the surrounding neighborhood. The application also includes a request for an establishment of grade. When the two buildings were constructed, the grade was altered and lowered to create adequate drainage. The area was altered to include drainage and retaining walls. The corner of the building closest to Newport Boulevard is the only portion of the site affected by applying the Zoning Code methodology to establish grade. Staff believes all required findings can be made as shown on the draft resolution. The renovation should help to ensure adequate accommodations for the 3of8 NEWPORT BEACH PLANNING COMMISSION MINUTES 3/8/2018 City's aging population. Staff recommends the Planning Commission conduct a public hearing, find the project exempt from CEQA, and approve the project as submitted. In response to questions from the Commission, Associate Planner Zdeba advised that the applicant's intent is to create a level building site in order to connect the two buildings. The applicant will be required to submit a construction management plan, which staff will review during the plan check phase if the project is approved. Matt Winsryg, applicant and representative of Atria Senior Living, related a brief history of Atria, its brands and properties. He indicated that the existing buildings built in the 1960s are past their useful lives in many ways. The circulation patterns and access points are difficult. The individual units are very small, and units in the southern building do not have showers. The northern building of the new facility will have a memory care floor, which is an underserved need. After construction, the two buildings and plaza will act as one building with shared amenities. The facility will be licensed by the Department of Social Services and they are pursuing LEED Silver. The applicant has reached out to landowners, residents, and facilities in the nearby area. The primary entrance to the facility will remain located off Hospital Road. The number of parking stalls will be at least 106. All parking will be located onsite. The applicant accepts all conditions of approval as written. In response to Commissioners' questions, Mr. Winsryg explained that residents will move to a nearby property also owned by Atria or to the northern building during demolition and construction of the southern building. The standard lease term for residents is month-to-month. The facility was at approximately 50 percent occupancy when Atria purchased the property in 2017, and remains at approximately 50 percent occupancy. If any trees are located on Atria's property and removed, then Atria will replace them as necessary consistent with the landscape plans. Joshua Smith, Douglas Pancake Architects, reported the buildings' exterior colors will be earth or neutral tones with natural wood colors and accent pieces. The windows will be an anodized bronze color. In response to Commissioners' inquiries, Mr. Smith stated the texture of the stucco will be rough aggregate. The applicant will maintain access from the two cul-de-sacs. The applicant does not plan any improvements or changes to the entry drive from Hospital Road. Mr. Winsryg corrected Mr. Smith in that the entry drive is not located on Atria property but provides shared access. In answer to Chair Koetting's query, City Traffic Engineer Tony Brine advised that a left turn exiting the entry drive should not be allowed. That issue was not discussed with the applicant. The applicant indicated that the entry off of Hospital Road was a shared access with another property. Chair Koetting opened the public hearing. In answer to Dorothy Kraus' questions, Associate Planner Zdeba stated the height of the southern building complies with the height limit of 32 feet to the flat portions. There is an exception that allows mechanical equipment screening up to 37 feet maximum. Mr. Smith advised that he has not determined an exact location for the mechanical equipment this early in the design process. The roof additive is a parapet to enhance aesthetics. There will not be any mechanical equipment in the front area. Associate Planner Zdeba clarified that the proposed building will contain approximately 23,000 square feet more than the existing buildings, but will have fewer beds. The project will comply with development limits. The project complies with FAR standards established by the General Plan for the site of 0.75. In response to Robert Sofranko's inquiries, Chair Koetting advised that the applicant intends to maintain access from the cul-de-sacs and the main entrance at the front of the property. The decreased number of beds should reduce the traffic impact on Patrice Road. The applicant will not change the grade of Patrice Road or the cul- de-sac. Construction parking will be onsite. Associate Planner Zdeba indicated the new buildings will have no impact on existing public parking spaces. City Traffic Engineer Brine reported the City has no plans to change parking restrictions. Mr. Winsryg stated construction will take approximately 16-18 months, but he could not provide a start date. Jim Mosher requested the height of the tower element be measured from the slope. He indicated he could not calculate the number of beds per room and number of rooms to match the stated total number of beds on the plans. The Planning Division does not have a checklist to verify a project's compliance with requirements and standards of the General Pian, Zoning Code, etc. Mr. Mosher was unsure whether the project complies with 4of8 NEWPORT BEACH PLANNING COMMISSION MINUTES 3J8/2018 all applicable polices including the requirement for a cohesive and integrated medical campus with a sense of place. Sandra Ayres requested the Commission ensure landscaping is considered for the large stucco wall rising from the slope and facing Newport Boulevard. Chair Koetting closed the public hearing. In reply to Secretary Weigand's questions, Associate Planner Zdeba explained that a portion of the area fronting Newport Boulevard is within Caltrans right-of-way. The applicant is required to submit a landscape plan that complies with requirements and a final plan will be reviewed prior to the issuance of building permits. Staff did not include a specific condition of approval tying the applicant to 106 parking spaces because it is surplus parking. The Code requires 65 parking spaces. Commissioner Weigand suggested the Commission add a condition requiring the applicant not to reduce parking below the City requirement. Chair Koetting stated the minimum parking spaces are already required. Deputy Director Campbell noted the standard condition requires the project to be in substantial conformance to plans submitted, and the plans submitted provide 106 parking spaces. Staff, for example would not consider 85 parking spaces substantial conformance. Chair Koetting suggested a condition stating 90 spaces be required to allow for unforeseen issues; Deputy Director Campbell concurred with providing staff some flexibility. Chair Koetting applauded the applicant and its team for providing a complete application and an attractive and compatible project and for more than complying with parking, landscaping, setbacks, FAR, and building height requirements. The community will have a new facility, a remodeled facility, and an improved street view. Motion made by Chair Koetting and seconded by Commissioner Lowrey to 1) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15315 and 15332; 2) adopt Resolution No. PC2018-009 approving Lot Merger No. LM2017-006, Major Site Development Review No. SD2017-007, Minor Use Permit No. UP2017-029, and Staff Approval No. SA2018-004; and 3) add the standard condition of approval requiring the applicant to submit a Construction Management and Delivery Plan. AYES: Koetting, Weigand, Kleiman, Lowrey NOES: None ABSTAIN: None ABSENT: Zak, Dunlap, Kramer ITEM NO. 7 CRAFT BREWERY ORDINANCE (PA2017-181) Site Location: Citywide Summary: This item was scheduled for the March 8, 2018, Planning Commission meeting. Staff now requests that this item be continued to the March 22, 2018, Planning Commission meeting to allow for additional public noticing. Recommended Action: Staff requests that the Planning Commission continue this item to March 22, 2018. Motion made by Secretary Weigand and seconded by Commissioner Kleiman to continue this item to March 22, 2018. AYES: Koetting, Weigand, Kleiman, Lowrey NOES: None ABSTAIN: None ABSENT: Zak, Dunlap, Kramer 5 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 3/8/2018 IX. NEW BUSINESS: ITEM NO.8 2017 GENERAL PLAN STATUS AND PROGRESS REPORT (PA2007-195) Site Location: Citywide Summary: Annual report on the status and implementation of the General Plan and Housing Element as required by State law and General Plan Implementation Program 1.3. Recommended Action: 1) Find the preparation, review and submission of the 2017 General Plan Status Report not subject to the California Environmental Quality Act (CEQA) as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; 2) Review and comment on the 2017 General Plan Status Report; and 3) Recommend the City Council review and authorize the submittal of the 2017 General Plan Status Report to the California Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD). Assistant Planner Melinda Whelan presented the General Plan Status and Progress Report. Staff must submit the annual report to the City Council, the Office of Planning and Research, and the Department of Housing and Community Development (HCD) by April 1. The Report complies with State statutes and HCD regulations. In reply to Chair Koetting's inquiries, Assistant Planner Whelan advised that the Report as presented is the historic format. Director Seimone Jurjis advised that the City Council directed staff to postpone the General Plan Update until 2019. Dorothy Krauss, SPON, remarked that SPON has no knowledge of a systematic or comprehensive checklist which staff utilizes to compare projects with General Plan policies, development limits, the Zoning Code, or the Newport Beach Local Coastal Program. SPON would like to know about the development management system described in Chapter 13 of the General Plan Implementation Program. Suzanne Forster reported that a SPON committee has discovered vital updates are missing from the land use limit tables and maps in the City's Implementation Plan. The public needs these updates in order to accurately utilize the Greenlight Initiative. At the February 26 open house, staff confirmed that they do not follow a systematic checklist to ensure they evaluate projects consistently or consider all possible areas of consistency. Staff has yet to address the issues surrounding the California Supreme Court's decision on the City's Banning Ranch approval. In reply to Secretary Weigand's questions, Assistant City Attorney Michael Torres reported that the Government Code lists the information required by statute to be contained in the Report. The Planning Commission is not taking action on the Report but passing it to the City Council. If the City fails to file the Report on or before the deadline, HCD can seek a court order requiring the City to submit a report. Scrivener's errors can be corrected before the Report is presented to the City Council, Jim Mosher understood the Brown Act provided the public with the right to comment on any and all items listed on an agenda. The purpose of the review is to determine the continuing applicability of programs specified and to update them as necessary. The City has not reviewed or modified implementation programs. This Report does not properly indicate the applicability of the General Plan. Elaine Linhoff read from Growth Strategy, Land Use and Development. Neighbors are upset by the construction of three-story monster houses on 30 -foot lots. Irene Villalobos expressed concerns about consistency between the General Plan and the Capital Improvement Program because she cannot find any analysis of consistency. She requested assurance for the public that projects comply with the policy goals of the City. 09 NEWPORT BEACH PLANNING COMMISSION MINUTES X. 3/8/2018 Joy Brenner expressed concern that staff is giving Commissioners the impression that the Commission routinely passes the Report to the City Council and that the City Council does not discuss the Report in-depth. She requested the Planning Commission ensure the Report is accurate. Nancy Skinner suggested the public be notified at the beginning of each item when public comment will be taken. She hoped the Planning Commission would discuss project compliance with General Plan requirements. Allan Beek advised that the purpose of the General Plan is to be consistent with the Charter and to represent the views of the people of the City. Neither the General Plan nor the Zoning Code contain the people's wishes. In answer to Chair Koetting's question, Deputy Director Campbell stated that consistency between the Zoning Code and the General Plan is required. The City's Zoning Code is consistent with the General Plan. Between 2007 and 2010, staff updated the Zoning Code to ensure consistency with the General Plan as required by an implementation program. In reply to Secretary Weigand's query, Director Jurjis expressed the intent to answer residents' questions and to hold additional forums to continue the dialog with residents. Chair Koetting appreciated residents who read the General Plan. Commissioner Kleiman remarked that the staff of very few cities pay as much attention to residents' concerns as the staff of the City of Newport Beach. Staff is attempting to address residents' concerns to the best of their ability. The report is a self-assessment, not an opportunity to rewrite or amend the General Plan. Page 32 appears to be the proper place to address the City Council's interest in beginning an update. Motion made by Chair Koetting and seconded by Secretary Weigand to direct staff to correct the scrivener's errors and to recommend the City Council review and authorize the submittal of the 2017 General Plan Status Report to the California Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD). AYES: Koetting, Weigand, Kleiman, Lowrey NOES: None ABSTAIN: None ABSENT: Zak, Dunlap, Kramer STAFF AND COMMISSIONER ITEMS ITEM NO.9 MOTION FOR RECONSIDERATION None ITEM NO. 10 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Update on City Council Items Director Jurjis thanked the public for attending the community forum on February 26 and for providing feedback to staff. Another forum will be planned for September. On the March 13 City Council agenda is a sea level rise item mandated by the State. In response to Chair Koetting's inquiry, Assistant City Attorney Torres advised that the Fair Political Practices Commission (FPPC) has acknowledged receipt of a letter inquiring about Vice Chair Zak's potential conflict regarding the Koll Center Residences application. Staff is awaiting FPPC's response, which could be issued in one to three months. 7 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 3/8/2018 ITEM NO. 11 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT Commissioner Lowrey reported the subcommittee is close to finalizing its review of the "L" Policies and could report to the Commission in a few months. ITEM NO. 12 REQUESTS FOR EXCUSED ABSENCES None XI. ADJOURNMENT — 8:07 p.m. The agenda for the Planning Commission meeting was posted on Friday, March 2, 2018, at 3:55 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 2, 2018, at 3:00 p.m. 40w* Peter netting Chaim74 Erik Weida d, Secret Ur 8 of 8