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NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, JUNE 21, 2018
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 – Commissioner Dunlap
III. ROLL CALL
PRESENT: Chair Peter Koetting, Vice Chair Peter Zak (arrived at 6:33 p.m.), Secretary Erik Weigand,
Commissioner Bill Dunlap, Commissioner Kory Kramer, Commissioner Lee Lowrey
ABSENT: Commissioner Lauren Kleiman (excused)
Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim
Campbell, Assistant City Attorney Michael Torres, City Traffic Engineer Tony Brine, Assistant Planner Liz
Westmoreland, Associate Planner Chelsea Crager, Administrative Support Specialist Brittany Ramirez,
Administrative Support Technician Patrick Achis
IV. PUBLIC COMMENTS
Jim Mosher disagreed with staff's statement at the May 17 meeting, that the missing notice at the project site did
not hamper the Commission's ability to take action during the meeting. He requested a copy of any written
interpretation of the Municipal Code that supported staff's position.
Vice Chair Zak arrived at 6:33 p.m.
Deputy Community Development Director Campbell advised that the notice was posted at the project site. Staff's
position is the missing notice did not invalidate the proceedings. The item was properly noticed in accordance with
the Municipal Code.
Chair Koetting suggested staff post the notice, take a photo of the posted notice, and retain the photo in the record.
Secretary Weigand suggested notices be posted by some method other than a wooden stake. Perhaps applicants
should be required to check notices daily.
Deputy Community Development Director Campbell referred to a Municipal Code provision that states the
applicant is responsible for maintaining notices in a satisfactory condition. Staff places notices in locations that
are meaningful to the public and places more notices at larger project sites. In addition, staff photograph the
installation of notices and retains the photos.
V. REQUEST FOR CONTINUANCES
None
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF MAY 17, 2018
Recommended Action: Approve and file
Motion made by Secretary Weigand and seconded by Commissioner Dunlap to approve the draft minutes of the
May 17, 2018 meeting with Mr. Mosher's edits.
AYES: Koetting, Weigand, Dunlap, Lowrey
NOES: None
ABSTAIN: Zak, Kramer
ABSENT: Kleiman
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VII. CONTINUED BUSINESS:
ITEM NO. 2 AGAPE ART COLLECTIVE (PA2017-232)
Site Location: 365 Old Newport Boulevard
Summary:
A minor use permit to allow the establishment of a tattoo studio (Personal Services, Restricted Land Use),
in conjunction with an artist’s studio, within an existing commercial tenant space. This item was continued
from the May 17, 2018, Planning Commission meeting to allow for further consideration.
Recommended Actions:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no
potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2018-016 approving Minor Use Permit No. UP2017-031.
Assistant Planner Liz Westmoreland reported approval of a use permit will allow the operation of a tattoo use in
conjunction with an artist studio. The Planning Commission first heard the project on April 5 and voted to continue
the item to allow staff and the applicant time to address concerns and draft additional restrictions for the tattoo
component of the use. The Planning Commission heard the item again on May 17, when staff reviewed additional
restrictions on the applicant. The Commission voted to continue the item to allow all Commissioners to review and
evaluate the revised project. The current staff presentation is intended to provide a brief overview of changes and
clarifications offered at the previous hearing. The resolution includes an explanation that the tattoo use is an artistic
medium that the subject artist will utilize within the space. The artist studio component of graphic design, painting,
and other art is permitted by right. The tattoo use requires a minor use permit. Condition No. 2 will apply to any
future operators. Two additional conditions substantially limit the number of tattoo artists that can operate at any
given time and require spacing between appointments to prevent overlapping appointments. Staff has added a
prohibition of walk-in customers. Several uses are permitted by right within the zone, meaning the uses would not
receive any discretionary review. Conditions of approval limiting the hours of operation and signage are intended
to make the project more compatible with the surrounding area. Operations would be required to end at 10:00
p.m. The existing “Timree Gold Studio” signage is unpermitted and is required to be removed. Future signage
would require approval of a sign program. The applicant requested the inclusion of photographs to provide an
example of the aesthetics of the business. Staff recommends approval of the project.
Chair Koetting opened the public hearing.
Bryon Pyle supported approval of the project. The space is small; a narrow staircase provides access to the space;
parking is severely limited. The proposed business is perfect for the space. The use would not intrude on other
businesses in the area.
Chair Koetting closed the public hearing.
Vice Chair Zak and Commissioner Kramer advised that they had reviewed project materials and were capable of
participating in the item, even though they were absent at the May hearing.
Commissioner Dunlap noted the number of conditions are greater than he had seen for any other project. He
supported approval of the application.
Commissioner Kramer also voiced support for the application.
Motion made by Commissioner Kramer and seconded by Secretary Weigand to find this project exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of
the CEQA Guidelines; and to adopt Resolution No. PC2018-016 approving Minor Use Permit No. UP2017-031.
Secretary Weigand felt the number of conditions would prevent any other tattoo business from being interested
in the location.
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AYES: Koetting, Zak, Weigand, Dunlap, Kramer
NOES: Lowrey
ABSTAIN: None
ABSENT: Kleiman
VIII. PUBLIC HEARING ITEMS
ITEM NO. 3 MARINER SQUARE RESIDENTIAL CONDOMINIUMS (PA2017-248)
Site Location: 1244 Irvine Avenue
Summary:
Planned Development Permit and Tentative Tract Map that would authorize the demolition of an
existing 114-unit apartment complex and all related improvements on a 5.76-acre site and the construction
of a 92-unit residential condominium development including private streets and common open space. The
proposed development complies with development standards including height, site coverage, and parking
requirements. One adjustment is requested at the front setback along Irvine Avenue to allow portions of
the second and third stories of ten units to encroach two feet into the required 20-foot front setback along
Irvine Avenue.
Recommended Actions:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302 under Class 2 (Replacement of Reconstruction) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2018-019 approving Planned Development Permit No. PL2018-001
and Tentative Tract Map NT2017-005.
Associate Planner Chelsea Crager reported the 5.76-acre lot is located in the multiunit residential zoning
district and is bordered by Irvine Avenue, Mariners Drive, Rutland Road, and the West cliff Plaza commercial
center. The site is currently developed with an existing 114 -unit apartment complex originally constructed in
1969. The development provides 187 parking spaces in carports and parking lots. The project is subject to
required setbacks of 20 feet in the front (Irvine Avenue) and 6 feet in the sides and rear. The lot coverage
maximum is 60 percent, which includes all areas under solid roof. The minimum density permitted on the site
is 92 units. The applicant has applied for a planned development permit to authorize the overall project design
in lieu of a site development review. Planned development permits are slightly different from site developm ent
review in that they are intended to ensure efficient use of land, a better living environment, and high standards
of environmental quality, and provide enhanced amenities. The permit may adjust development standards,
including setbacks, where deemed necessary and justifiable; whereas, a site development review does not
provide that ability. The applicant requests a setback adjustment at the front property line to allow the second
and third stories to project 2 feet into the 20-foot setback. The project complies with all other development
standards. The applicant applied for a tentative tract map, which allows condominiums instead of rental units.
The minimum amount of common open area for a project with 92 units is 6,900 square feet or 75 square fee t
per unit. The applicant proposed a little over 14,000 square feet of common open area , including a central
recreational area, open areas, and landscaping. The applicant proposes a swimming pool, spa, restrooms,
cabanas, open areas, and outdoor dining areas within the recreational area. The total gross floor area for the
duplex and four-plex units ranges from 2,067 square feet to 2,742 square feet. All garages in the project
provide sufficient space to park two vehicles, plus space for garbage storage. The private open space required
by the Zoning Code is 5 percent of the gross floor area per unit; all proposed floor plans comply with the
requirement. Proposed heights of the buildings are up to 33 feet to the ridge and 28 feet for flat elements,
including optional roof decks. All buildings are proposed to extend to approximately the maximum height with
some a couple of inches under the maximum height. Color and material boards are available. Jewel-tone
palettes are proposed for the buildings adjacent to Irvine Avenue, earth-tone palettes for buildings adjacent to
secondary streets and Westcliff Plaza, and pastel palettes for interior buildings. The parking requirement is
two spaces per unit plus half a space per unit for guest parking, which totals 230 parking spaces for the project.
The project includes two garage spaces per unit, plus 47 guest parking spaces, which totals 231 spaces. One
driveway is proposed via Irvine Avenue, and two driveways are proposed via Rutland Road. The existing
apartment complex has a total of eight driveways. The applicant proposes a pedestrian connection to Westcliff
Plaza. The applicant proposes a 2-foot encroachment into the 20-foot front setback for the second and third
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stories of ten units on Irvine Avenue. Each encroachment area is approximately 14 feet in width. In addition,
entryway canopies on each unit facing Irvine Avenue will project 5 feet into the setback; however, the
encroachment is specifically permitted by the Zoning Code and does not require an adjustment per the planned
development permit. The applicant has submitted a construction management plan. Construction is
anticipated to require 20-27 months; hours of construction will be Monday through Friday 7:00 a.m. to 6:30
p.m., Saturday 8:00 a.m. to 6:00 p.m., and no Sunday or holiday construction. The primary construction access
will be via Irvine Avenue with Rutland Road utilized as secondary egress only. Rutland Road will be permitted
to have right turns only, which keeps traffic away from Mariners Drive and the elementary school. No large
vehicles will be permitted on Mariners Drive, and no subcontractors will be permitted to acc ess the site from
Mariners Drive. All construction parking will be located onsite. The management plan states that residents
living within 100 feet of the project will be notified of the construction schedule ; notification will include the
name and phone number of a contact person for complaints. The Class 2 CEQA exemption consists of
replacement or reconstruction of existing structures and facilities where the new structure will be located on
the same site as the structure replaced and will have s ubstantially the same purpose and capacity as the
structure replaced. Staff recommends the Planning Commission approve the planned development permit
and tentative tract map. Staff has received a number of comments supporting and opposing the project.
Commissioner Kramer, Vice Chair Zak, Commissioner Dunlap, Commissioner Lowrey, and Secretary Weigand
had met with the applicant and/or its consultants.
Chair Koetting had had no discussions with the applicant.
Chair Koetting opened the public hearing.
Chad Brown, applicant, reported the applicant incorporated staff's feedback into the project. The project is
consistent with development standards and General Plan objectives. The applicant has not requested a
variance. The townhome buildings are three-story, 32-feet 9-inches tall, with sloped roofs. The townhomes
were designed to front Irvine Avenue in order to present architecture forward with pedestrian interaction at the
ground level and to help shield the project and residents from noise. To address noise complaints, interior
stairwells for units that back up to the loading dock area will have 6-foot-wide, or larger, secondary insulation.
Four-plex units will wrap the exterior portions of the project along Mariners Drive and the southerly balance of
the commercial center. Four-plex homes will continue the theme and architectural materials of the duplex
homes, and will be complementary to the townhomes. The applicant proposes optional third-floor decks rather
than roof decks. The existing parkway trees along Mariners Drive and Rutland Road will remain in place. The
existing median cut across Irvine Avenue will remain in place. The project traffic analysis shows reduced trip
generation from the site with the proposed project. The existing apartment complex generates approximately
834 daily trips. The proposed project will generate approximately 673 daily trips. The applicant has reached
out to neighbors to share the project proposal, held an outreach meeting in April, and met with SPON in May.
Approximately 12 community members or representatives attended the April meeting and raised concerns
regarding parking and existing tenants. In December 2017, the applicant notified existing tenants of the
potential project proposal. Lease agreements wit h existing tenants expire on January 31, 2019. The applicant
agrees with the conditions of approval as presented. He inquired about application of the park fee and the
affordable housing fee to the project
In response to Chair Koetting's questions, Mr. Brown advised that roof material and color will vary. Waste
Management will be able to provide service for individual bins without interfering with on -street parking. The
retaining wall belongs to the Irvine Company and is located on the shopping center property. The entry
vestibule and the stairwell to the second and third floors of townhomes is directly adjacent to the retaining wall.
There is no habitable space located adjacent to the wall; therefore, noise from the loading dock should not be
an issue.
In answer to Secretary Weigand's queries, City Traffic Engineer Tony Brine explained that the existing median
cut across Irvine Avenue will not change, and the applicant is not proposing any other entries to the project
along Irvine Avenue. The traffic flow should not change from the ex isting condition.
In reply to Commissioner Kramer's inquiries, Mr. Brown indicated the project will target local families,
particularly young families because of the project's proximity to the elementary school. Shawna Schaffner,
CAA Planning, stated fewer students are generated from an apartment use compared to a single -family,
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attached use. The apartment complex is expected to generate 21 students as opposed to 28 students from
the proposed project. Comparative analyses were conducted to determine w hether the capacity would
increase sufficiently to require mitigation and ineligibility for the exemption. The amount of the increase is not
substantial, and the project would qualify for the exemption. Assistant City Attorney Michael Torres reported
staff, the City Attorney's Office, and the City's CEQA consultant reviewed the Class 2 exemption and believe the
project is eligible for the Class 2 exemption.
Commissioner Kramer noted the Commission's informal policy for use of a smooth stucco or plaster finish.
The Covenants, Conditions and Restrictions (CC&Rs) need to state clearly that garages are to be used for
parking rather than storage. Mr. Brown advised that Condition of Approval 6 addresses use of garages for
parking. Chair Koetting noted prior projects included windows in the garage to allow visual inspection and to
break up the garage alley. Commissioner Kramer believed additional language needs to be added to Condition
of Approval 6 to prohibit the use of garages for storage of anything ot her than vehicles.
Vice Chair Zak supported Commissioner Kramer's comments regarding a stucco finish and recommended use
of a 20/30 finish. Mr. Brown reiterated that Condition of Approval 15 requires a smooth stucco finish. Stucco
will be used on the ground floor only, and the applicant is amenable to a 20/30 stucco finish.
In answer to Vice Chair Zak's queries, Mr. Brown explained that the applicant was advised to replace the
eucalyptus trees along Irvine Avenue. Assistant City Attorney Torres indicated the City's policy is removal of
eucalyptus trees as projects are reviewed. The eucalyptus trees on the subject site do not pose a hazard or
danger. Mr. Brown stated the applicant proposed a 4-foot sidewalk along Irvine Avenue because the frontage
is only 7 feet wide from back of curb. City Traffic Engineer Brine clarified that a 4-foot sidewalk would comply
with Americans with Disabilities Act (ADA) requirements, but the City standard is 5 feet. Staff could add a condition
for a 5-foot sidewalk. Mr. Brown advised that the applicant will comply with a condition of approval for a 5-foot
sidewalk. The City would continue to maintain the sidewalks and rights -of-way along Rutland, Mariners, and
Irvine. On-street parking is allowed along Rutland and Mariners. Associate Planner Crager reported on-street
parking was not counted as offsite parking for the parking requirement. Mr. Brown believed the landscape plan
calls for 36-inch trees to replace the eucalyptus trees along Irvine Avenue. A condition of approval requires
48-inch replacement trees along Rutland and Mariners.
Deputy Community Development Director Campbell advised that staff would condition a 5-foot sidewalk that
extends into private property so that the City would have an easement for public use of the full width of the sidewalk.
Chair Koetting preferred to maintain the existing 4-foot sidewalk with a 1-foot landscape strip.
In reply to Commissioner Dunlap's query, Mr. Brown agreed to consider using staggered composite roofing.
In answer to Jo Carol Hunter's questions, Chair Koetting understood all units would be three stories. The plans
show attached two-car garages for all units. Ms. Hunter further questioned the structure of the proposed Home
Owners Association and the location of any other Melia Homes developments in the area. The project will be
massive.
Jim Mosher suggested the project be renamed to Mariners Square in keeping with the street and school names.
Pedestrians will have difficulty navigating the sidewalk along Irvine Avenue if constructed as shown on page
116 of the staff report. The project does not preserve the distance between housing units and the retaining
wall and creates a compatibility issue. The retaining wall restricts visibility of vehicle and foot traffic.
Chair Koetting closed the public hearing.
Chair Koetting suggested the retaining wall be stepped down near the roadway to increase visibility. He noted
Commissioners' comments regarding use of stucco and installation of a 5-foot sidewalk.
Secretary Weigand felt the project, being close to schools, would not increase car trips. He supported the
proposed reduction in driveways to the project.
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Vice Chair Zak suggested the applicant and staff work out any issues regarding the sidewalk rather than
including another condition of approval. The proposed conditions of approval address the stucco siding and
replacement trees.
Motion made by Secretary Weigand and seconded by Commissioner Lowrey to find this project exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15302 under Class 2 (Replacement of
Reconstruction) of the CEQA Guidelines, because it has no potential to have a significant effect on the
environment; and adopt Resolution No. PC2018-019 approving Planned Development Permit No. PL2018-001
and Tentative Tract Map NT2017-005.
Commissioner Kramer commended the applicant for proposing a project that meets the housing needs of
younger families and that fulfills General Plan objectives. The location next to schools and shopping is perfect
for families. The applicant has done a great job with design, architecture, landscape, materials, use of public
space, analyses, and community outreach.
City Traffic Engineer Brine preferred a 5-foot sidewalk be installed given the high volume of pedestrian usage
of the sidewalk along Irvine Avenue.
Commissioner Kramer and Chair Koetting concurred with staff resolving the sidewalk issue with the applicant.
AYES: Koetting, Zak, Weigand, Dunlap, Kramer, Lowrey
NOES: None
ABSTAIN: None
ABSENT: Kleiman
IX. NEW BUSINESS
ITEM NO. 4 REVIEW OF CITY COUNCIL L-POLICIES
Site Location: Citywide
Summary:
On August 8, 2017, the City Council directed the Planning Commission to review the Public
Works/Traffic/Utilities City Council Policies (also known as the L-Policies) and return with
recommendations to the City Council for consideration. The Planning Commission appointed an ad
hoc subcommittee to review the 28 current L-Policies and return with a recommendation for revisions,
additions, and deletions. The Planning Commission ad hoc subcommittee mem bers recommend
approving the proposed changes to the L-Policies.
Recommended Actions:
1. Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because it will not
result in a physical change to the environment, directly or indirectly; and
2. Recommend the City Council approve the changes to the City Council L-Policies.
Community Development Director Jurjis reported City Council Policies share the Council's intentions and directives
to City commissions, boards, and staff. The City Council asked the Planning Commission to review the L-Policies.
Commissioners Lowrey, Dunlap, and Kleiman and staff reviewed and revised the Policies.
In reply to Chair Koetting's questions, Senior Civil Engineer David Keely advised that banners identified in Policy
L-16 are two different styles. The banner in Balboa Island is an unpermitted encroachment that crosses the public
right-of-way. Typically, removal of such a banner is a code enforcement action. Assistant City Attorney Torres
advised that as a practical matter, code enforcement staff does not act on that type of banner, especially on Balboa
Island, because the banners are typically installed for holiday events. Community Development Director Jurjis
indicated the farmers market in Corona del Mar operates under a special license agreement approved by the City
Council.
In response to Secretary Weigand's query, Deputy Community Development Director Campbell reported Verizon
appeared to be unhappy with the Policy revision that references the Municipal Code. The Zoning Code and the
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Local Coastal Plan (LCP) require permits for any use of street lights. The change simply provides a reference to
the requirement in the Municipal Code. It is appropriate to place the reference in the Policy.
Chair Koetting requested staff provide better graphics for pages 81 and 84.
Jim Mosher remarked that Policy L-23 should refer to City-owned property rather than City-owned land. Paragraph
III contradicts Paragraph IV in the timing of a permit and an agreement. Policy L-23 refers to the Municipal
Operations Department, which the City Council is replacing with the Utilities Department. The language about
Council non-consent is not correct. Title XIII does not spell out encroachment permits for telecoms.
Motion made by Commissioner Lowrey and seconded by Commissioner Kramer to find this action exempt from
the California Environmental Quality Act (CEQA); and to recommend the City Council approve changes to the
City Council L-Policies.
AYES: Koetting, Zak, Weigand, Dunlap, Kramer, Lowrey
NOES: None
ABSTAIN: None
ABSENT: Kleiman
X. STAFF AND COMMISSIONER ITEMS
ITEM NO. 5 MOTION FOR RECONSIDERATION
None
ITEM NO. 6 COMMUNITY DEVELOPMENT DIRECTOR’S REPORT
Update on City Council Items
Community Development Director Jurjis reported the June 26, 2018 City Council agenda includes an item
regarding a waiver of the Coastal Development Permit for the property located at 191 Riverside. Chair Koetting is
on the applicant list for re-appointment to the Planning Commission. The Planning Commission's July 5 meeting
is canceled.
ITEM NO. 7 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT
In answer to Commissioner Dunlap's inquiry, Community Development Director Jurjis did not have an update
for the Koll project and could not discuss it because some Commissioners are conflicted.
ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES
None
XI. ADJOURNMENT – 8:16 p.m.
The agenda for the June 21, 2018, Planning Commission meeting was posted on Friday, June 15, 2018, at 4:00
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, June 15, 2018, at 4:10 p.m.
_______________________________
Chairman
_______________________________
Secretary