HomeMy WebLinkAbout1.0_Draft Minutes_05-09-2019 NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS- 100 CIVIC CENTER DRIVE
THURSDAY, MAY 9, 2019
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 Koetting
III. ROLL CALL
PRESENT: Vice Chair Erik Weigand, Secretary Lee Lowrey, Commissioner Peter Koetting, Commissioner
Kory Kramer
ABSENT: Chair Peter Zak, Commissioner Curtis Ellmore, Commissioner Lauren Kleiman
Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim
Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Tony Brine, Associate Planner
Benjamin Zdeba,Assistant Planner David Lee,Assistant Planner Liz Westmoreland, Planning Technician Patrick
Achis, Administrative Support Technician Amanda Lee
IV. PUBLIC COMMENTS
Susan Skinner presented an additional 200 petitions regarding the project on Ford Road. She requested the
Planning Commission require the Environmental Impact Report (EIR) address the community's concerns about
the project replacing open space. In her personal opinion, the project is too large for the lot and not compatible
with the neighborhood.
Catherine Bartz expressed concern regarding the Newport House project's plan to use parking lifts. The residents
of Newport House will utilize the Bonita Canyon Park parking lot or on-street parking rather than on-site parking.
The Newport House project will negatively affect Newport Beach by encouraging other high-density projects.
Jerry Schmitt recommended the Ford Road project be denied. The project fills no need in the City but will endanger
residents'health. Reserved parking spaces are cramped such that vehicle doors cannot open fully. Parking during
park activities is extremely congested. Vehicles exiting the underground parking will stop on the sidewalk and
potentially conflict with pedestrians and bicyclists. The project drawings are unrealistic.
Karol Hatch remarked that the location of the Ford Road project is not appropriate for multifamily housing and the
project is not compatible with the neighborhood. She shared photographs of parking around Bonita Canyon Park
on Saturday morning and Friday afternoon.
Diane Hornby opposed the Ford Road project because it will increase traffic in the Port Streets neighborhood
where children play outdoors. The project will increase the number of cars that run the traffic light at Mesa View
and Bonita Canyon.
Janice Grace opposed the Newport House project because it will eliminate public use property and because
multifamily housing does not conform with a single-family neighborhood. The developer presented the project to
neighbors as the residents having to purchase their parking spaces separate from their homes. In which case,the
residents will probably utilize the park's parking lot. The children using the park are typically ages five and younger,
and additional traffic could be hazardous to the children.
Blake Woodward opposed the Ford Road project as it will pose considerable threat to the safety of park users.
The proposed density is too high. Access to the driveway is impaired and difficult. The project will create more
parking congestion.
Rick Zelner commented regarding the density of the Ford Road project in relation to the residential neighborhood,
and the potential to increase traffic congestion and decrease safety for pedestrians, bicyclists, and park users.
The project is not appropriate for the location.
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Deputy Community Development Director Campbell advised that staff continues to review the Ford Road project
and work with the applicant. The Planning Commission will review the project later in the summer.
V. REQUEST FOR CONTINUANCES
None
VI. CONSENT ITEMS
ITEM NO. 1 Minutes of March 21,2019
Recommended Action: Approve and file
Motion made by Commissioner Koetting and seconded by Commissioner Lowrey to approve the minutes of
March 21, 2019, as presented.
AYES: Weigand, Lowrey, Koetting, and Kramer
NOES:
ABSTAIN:
ABSENT: Zak, Elmore, and Kleiman
ITEM NO.2 Minutes of April 18, 2019
Recommended Action: Approve and file
Motion made by Commissioner Koetting and seconded by Commissioner Lowrey to approve the minutes of
April 18, 2019, with Mr. Mosher's edits.
AYES: Weigand, Lowrey, and Koetting
NOES:
ABSTAIN: Kramer
ABSENT: Zak, Ellmore, and Kleiman
VII. PUBLIC HEARING ITEMS
ITEM NO. 3 Anton Aesthetics (PA2019-025)
Site Location: 20331 Irvine Avenue, Unit E6 and E7
Summary:
A conditional use permit to operate a 6,108-square-foot medical office use and plastic surgery center
within an existing office park.
Recommended Action:
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. PC2019-010 approving Conditional Use Permit No. UP2019-012.
Deputy Community Development Director Jim Campbell reported the project is an out-patient surgery center
medical use. The Planning Commission needs to determine whether the use is consistent with the purpose and
intent of the Professional Administrative (PA)zone in the Santa Ana Heights Specific Plan. The project provides
the required parking and is consistent with the General Plan and staff recommends approval.
In response to Commissioner Koetting's questions, Deputy Community Development Director Campbell indicated
the business is not in operation. Assistant Planner David Lee advised that the buildings are owned separately as
condominium suites. Staff received no public comment regarding the project.
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Commissioners Koetting and Kramer and Vice Chair Weigand reported no ex parte communications.
Commissioner Lowrey advised that he spoke with a consultant for the project.
Philip Greer, applicant representative, concurred with staffs report.
Vice Chair Weigand opened and closed the public hearing with no public comment.
Motion made by Commissioner Kramer and seconded by Commissioner Lowrey 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 adopt Resolution No. PC2019-010 approving Conditional Use Permit No. UP2019-
012.
AYES: Weigand, Lowrey, Koetting, and Kramer
NOES:
ABSTAIN:
ABSENT: Zak, Ellmore, Kleiman
ITEM NO. 4 Dr. Cerni's Medical Office (PA2018-168)
Site Location: 20271 Birch Street, Suite 100
Summary:
A conditional use permit to allow a three-space reduction of the required 23 off-street parking spaces and
to allow the continued operation of an existing, unpermitted 4,575-square-foot medical office use within
an existing office park.
Recommended Action:
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. PC2019-011 approving Conditional Use Permit No. UP2018-016.
Deputy Community Development Director Campbell reported the applicant requests a conditional use permit for a
small medical office. The business is in operation and requires a use permit that includes a request for a small
parking reduction. A parking demand study was prepared and shows the site provides adequate on-site parking.
Staff recommends approval of the project.
In reply to Commissioner Koetting's inquiries, Associate Planner Benjamin Zdeba advised that the business has
been in operation since February 2018. The business applied for a sign permit, at which time staff questioned
whether the use required additional parking based on the text of the proposed signage. The applicant's
representative has informed staff that the applicant has not made any improvements to the space. A search of
building permit records found no permits for the site have been obtained since 1994. A condition of approval for
the project requires a special inspection by a City Official to indicate whether any work has been performed since
1994. Community Development Director Seimone Jurjis added that if staff came to believe that improvements
were made without a permit,the City could assess double fines.
Commissioners Kramer, Koetting, and Lowrey reported no ex parte communications. Vice Chair Weigand
indicated he spoke with the applicant's consultant.
Vice Chair Weigand opened the public hearing.
Cora Newman, applicant representative, related that the property was fully improved when Dr. Cerni purchased
the property. Dr. Cerni assumed he could operate the business in the location without a use permit as other
medical offices are operating in the center. Dr. Cervi is aware of the condition of approval for an inspection of the
offices. The applicant accepts the conditions of approval.
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In answer to Commissioner Koetting's query, Ms. Newman advised that the applicant does not perform surgery in
the offices. A wet bar provides water in the larger room. The space provides restrooms.
Roger Stone remarked that in the past the parking lot was restriped to provide additional spaces, and in 2005, a
medical office was denied a use permit because of inadequate parking. In the past ten years, two medical uses
have received use permits. The parking lot as a whole is deficient eight spaces based on the uses in the center.
Michael McKennon believed another medical office is operating in the center without a use permit. There were
issues with medical uses co-existing with non-medical uses in the center. He asked the Planning Commission to
deny the use permit.
Ms. Newman explained that the Specific Plan allows medical office uses on the site. A traffic analysis found 149
parking spaces are being used daily. The type of medical office also affects parking.
Vice Chair Weigand closed the public hearing.
In answer to Commissioner Kramer's questions,Associate Planner Zdeba believed a property owners association
for the building is operating. The applicant representative indicates the association is active and governing
according to its rules. Ms. Newman added that the association had no objection to the medical use.
Vice Chair Weigand reopened the public hearing.
In reply to Commissioner Kramer's inquiry, Mr. Stone related that the property owner association board has no
ability to approve or disapprove an owner. The Covenants, Conditions and Restrictions (CC&Rs)do not require
a certain type of tenant or owner. Prior to purchasing the property, Dr. Cerni was aware the unit did not have a
use permit for a medical use. Representatives of the building association informed Dr. Cerni that a unit was not
available for a medical use because the square footage for parking had been used. He had no objection to Dr.
Cerni continuing to operate on the premises, but he did not want any further use permits issued for medical uses.
Vice Chair W eigand asked staff if there was a way for the property owners association to work internally to address
medical uses and Mr. Stone from the audience responded, "No, we can't."
Vice Chair Weigand closed the public hearing.
In answer to Commissioner Koetting's question, Associate Planner Zdeba understood each floor is owned
separately. Mr. Koetting asked how the City might stop more medical from going in at the site.Associate Planner
Zdeba indicated the type of uses that can be allowed in the building is dictated by parking demand and when a
property doesn't provide the sum total parking pursuant to zoning regulations, staff requires a parking demand
study for each project at the site and a use permit is required to potentially reduce the parking. The Public Works
Department and City Traffic Engineer review each study for adequacy.
Commissioner Lowrey commented that the question is whether a medical office use is within the Plan and parking.
Other uses are not within the Planning Commission's purview.
Motion made by Commissioner Lowrey and seconded by Commissioner Kramer 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 adopt Resolution No. PC2019-011 approving Conditional Use Permit No. UP2018-
016.
AYES: Weigand, Lowrey, Koetting, and Kramer
NOES:
ABSTAIN:
ABSENT: Zak, Ellmore, and Kleiman
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ITEM NO. 5 RMD Zoning Code Amendment (PA2019-065)
Site Location: Citywide
Summary:
Amend the Newport Beach Municipal Code (NBMC), Title 20 Zoning Code,to rename the RMD(Multiple
Residential Detached) Zoning District to RMD (Medium Density Residential) and modify the purpose
statement of the RMD zone to allow for attached and detached residential development.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15305 under Class 5(Minor Alterations in Land Use Limitations)of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2019-012 recommending the City Council approve Zoning Code
Amendment No. CA2019-003.
Deputy Community Development Director Campbell reported the Planning Commission directed staff to initiate a
Code amendment to correct the error in the RMD zone by renaming the Multiple Residential Detached (RMD)
Zoning District as the Medium-Density Residential (RMD)Zoning District. In 2010,the name of the zoning district
was incorrectly transcribed, and the amendment would allow detached and attached units as originally intended.
In response to Commissioner Kramer's inquiry, Community Development Director Jurjis advised that staff will
present the amendment to the City Council along with the planning application for the Mesa Drive Townhomes
project.
Vice Chair Weigand opened the public hearing.
Jim Mosher suggested paragraph 1 of the Resolution recommending approval state"...2010 Zoning Code Update
was intended to include..." The designation is also incorrect in Table 4-1 of Code Section 20.48.040. In Table 1-
1 of Code Section 20.14.020, RMD should be RM-D.
Deputy Community Development Director Campbell concurred with correcting paragraph 1 of the Resolution.
In Table 4-1, RM-D can be revised to RMD without re-initiating an ordinance. Should Table 1-1 need
correcting, staff will include it in the ordinance presented to the City Council.
Travis Zipper supported amending the name of the RMD Zoning District.
Vice Chair Weigand closed the public hearing.
Motion made by Commissioner Kramer and seconded by Commissioner Koetting to find this project exempt
from the California Environmental Quality Act(CEQA)pursuant to Section 15305 under Class 5(Minor Alterations
in Land Use Limitations) of the CEQA Guidelines; and adopt Resolution No. PC2019-012 recommending the
City Council approve Zoning Code Amendment No. CA2019-003.
AYES: Weigand, Lowrey, Koetting, and Kramer
NOES:
ABSTAIN:
ABSENT: Zak, Ellmore, and Kleiman
VIII. NEW BUSINESS
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 MOTION FOR RECONSIDERATION
None
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ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA.
Community Development Director Jurjis reported on May 15 the General Plan Update Steering Committee will
interview four consultants who will facilitate the Listen and Learn phase of the project. The consultant will not write
any of the policy language or conduct any of the environmental analysis.
In reply to Commissioner Kramer's query, Associate Planner Zdeba advised that the four consultants are FSB
Core Strategies, MBI Media, Kearns &West, and S. Groner Associates.
Jim Mosher inquired regarding the appeal of the E Art Gallery project.
Commissioner Kramer indicated the application for E Art Gallery has been withdrawn.
ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES
None
IX. ADJOURNMENT—7:28 p.m.
The agenda for the May 9, 2019, Planning Commission meeting was posted on Friday, May 3, 2019, at
3:30 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, May 3, 2019, at 3:00
p.m.
Peter Zak, Chairman
Lee Lowrey, Secretary
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