HomeMy WebLinkAbout09-19-2019 - Planning CommissionI.
II.
Ill.
NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE
THURSDAY, SEPTEMBER 19, 2019
REGULAR MEETING -6:30 P.M.
CALL TO ORDER-The meeting was called to order at 6:30 p.m.
PLEDGE OF ALLEGIANCE-Commissioner Klaustermeier
ROLL CALL
PRESENT:
ABSENT:
Chair Peter Koetting, Vice Chair Erik Weigand, Secretary Lee Lowrey, Commissioner Curtis
Ellmore, Commissioner Sarah Klaustermeier, Commissioner Lauren Kleiman, Commissioner
Mark Rosene
None
Staff Present: Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda
Summerhill, City Traffic Engineer Tony Brine, Principal Planner Jaime Murillo, Planning Consultant Liane Schuller,
Administrative Assistant Clarivel Rodriguez, Administrative Support Technician Amanda Lee
IV. PUBLIC COMMENTS
None
V. REQUEST FOR CONTINUANCES
Deputy Community Development Director Jim Campbell recommended the Planning Commission continue Item
Number 3 to October 3.
VI. CONSENT ITEMS
ITEM N0.1 MINUTES OF AUGUST 22, 2019
Recommended Action: Approve and file
Deputy Community Development Director Campbell requested the minutes reflect that the Chair did not close the
public hearing for The Garden Office and Parking Structure project.
Motion made by Vice Chair Weigand and seconded by Commissioner Kleiman to approve the minutes of the
August 22, 2019 meeting as amended by staff and Mr. Mosher.
AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, Rosene
NOES:
ABSTAIN:
ABSENT:
ITEM NO. 2 KIM RESIDENCE ENCROACHMENTS (PA2019-146)
Summary:
A request to waive City Council Policy L-6 to retain the existing non-compliant private improvements
consisting of a step and two planter walls located within the Via Orvieto public right-of-way.
Recommended Action:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) (Preliminary Review) of the CEQA Guidelines, because it has no
potential to have a significant effect on the environment; and
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September 19, 2019
2. Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to retain noncompliant private
improvements consisting of a step and planter walls that encroach into the Via Orvieto public right-of-
way, contingent upon all conditions of the Encroachment Permit process being met; and
3. Adopt Resolution No. PC2019-027 waiving City Council Policy L-6 and approving Encroachment
Permit No. N2019-0337.
Deputy Community Development Director Campbell reported the applicant requests a waiver of Council Policy L-
6 to retain existing non-compliant private improvements consisting of a step and two planter walls. Staff
recommends the Planning Commission waive the Policy and approve the project.
Chair Koetting noted this type of improvement is quite common.
In response to Commissioner Kleiman's questions, City Traffic Engineer Tony Brine advised that the City charges
a one-time fee for the encroachment permit and agreement. The agreement contains an indemnity provision that
transfers liability to the property owner. The property owner learned of the unpermitted encroachment during staff
review of plans for other improvements on the property. Deputy Community Development Director Campbell
clarified that unpermitted encroachments are usually identified when property owners apply for building permits.
The City is not proactively enforcing unpermitted encroachments.
In reply to Chair Koetting's inquiry, City Traffic Engineer Brine indicated the City and the property owner will sign
the agreement, through which the property owner will assume liability for the encroachment into the right-of-way.
Motion made by Commissioner Lowrey and seconded by Commissioner Ellmore to approve the project as
recommended by staff.
AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, Rosene
NOES:
ABSTAIN:
ABSENT:
VII. PUBLIC HEARING ITEMS
ITEM NO. 3 THE GARDEN OFFICE AND PARKING STRUCTURE (PA2019-023)
Site Location: 215 Riverside Avenue
Summary:
A coastal development permit (CDP) to demolish an existing restaurant/office building and associated
surface parking lot and to construct a new 47-space, two-level parking structure and a 2,830-square-foot
office building. A conditional use permit is required to authorize the parking structure adjacent to
residentially zoned property. A modification permit is required for 12 tandem parking spaces on the first
and second floor levels. The project includes hardscape, drainage, and landscape improvements. The
proposed development complies with all applicable development standards including height, setbacks,
and floor area limits.
Staff requests a two-week continuance to October 3, 2019, in order to complete additional biological
resources analysis on the project.
Recommended Action:
1. Continue the item to the October 3, 2019 Planning Commission meeting.
Deputy Community Development Director Campbell reported the item was continued from the August 22
meeting, and the public hearing is open. Staff recommends the Planning Commission continue the item to
October 3 so that a biological resources analysis may be completed.
Stephanie Sitzer Pilalas believed the applicant's presentation of the office building project separate from the
restaurant project has caused community anxiety and is a red flag. She suggested the Planning Commission
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September 19, 2019
continue the office building project until such time as the restaurant project is set for hearing. Bifurcating the
two projects reeks of impropriety. The Associate Planner appears to be advocating zealously for the project.
Peggy Palmer hoped staff would review egress/ingress to the parking structure from Riverside because of the
number of children who travel along Riverside.
Hal Woods felt the community is receiving conflicting information. He questioned the project being exempt
from CEQA. The restaurant and the parking structure should be reviewed as a whole. Neighbors are
concerned about noise, light, and pollution from cars.
Motion made by Commissioner Ellmore to continue the item to October 3, 2019 and to direct the applicant to
present the two projects together.
Deputy Community Development Director Campbell advised that the restaurant project will not be ready for
Planning Commission review on October 3. If the Planning Commission wishes to review both projects as
one, staff recommends the current project be taken off calendar and re-noticed for a date when the restaurant
project is ready for a public hearing. Assistant City Attorney Yolanda Summerhill added that noticing
requirements may preclude presentation of the restaurant project on October 3.
Amended Motion made by Commissioner Ellmore to take the item off calendar and to direct staff to present
the two projects together.
In reply to Commissioner Klaustermeier's query, Deputy Community Development Director Campbell indicated
the two projects may be considered separately because one does not rely upon the other. Staff can evaluate
the parking structure as an off-site parking structure for any use in the vicinity. Staff does not believe
independent review of the projects violates any laws. The two projects can be heard together. The applicant
chose to submit separate applications in order to avoid delay.
In answer to Chair Koetting's inquiries, Deputy Community Development Director Campbell related that the
applicant is not present because they assumed the item would be continued to October 3. The applicant
wanted to proceed with a hearing on October 3. If the Planning Commission wishes to hear the two projects
together, the second project may be ready for hearing by the end of the year. An application has been
submitted for a restaurant, and staff is evaluating parking for the restaurant.
Commissioner Lowrey remarked that the applicant understands the neighbors' issues and decided to submit
separate applications. The current project should be reviewed on its merits on October 3. Postponing the
project indefinitely is unfair to the applicant.
Vice Chair Weigand suggested the Planning Commission discuss hearing the two items separately or together
at a future meeting when the applicant is present.
Commissioner Kleiman noted on August 22 the Planning Commission continued the item to allow staff time to
resolve some of the outstanding issues and to determine if there is a bifurcation issue. The Planning
Commission should continue the item to October 3.
Vice Chair Weigand requested staff review the bifurcation issues carefully and ensure the Planning
Commission is protected legally whether or not it chooses to combine the two projects.
Substitute Motion made by Commissioner Kleiman and seconded by Commissioner Lowrey to continue the
item to October 3, 2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
Weigand, Lowrey, Klaustermeier, Kleiman, Rosene
Koetting, Ellmore
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Vice Chair Weigand disclosed communications with members of the public. Other Commissioners disclosed
no ex parte communications.
ITEM NO. 4 VERIZON MONO-EUCALYPTUS TELECOMMUNICATIONS FACILITY (PA2018-010)
Site Location: 1600 Newport Center Drive
Summary:
The applicant requests a conditional use permit and a coastal development permit to install 12 panel
antennas, 12 radio units and 3 raycaps on a new 43.5-foot-tall telecommunications mono-eucalyptus for
Verizon Wireless. The mono-eucalyptus will exceed the 32-foot height limit by 11.5 feet. The associated
telecom support equipment will be ground-mounted and screened within a new 225-square-foot
enclosure. (This application was continued from the May 17, 2018, Planning Commission meeting.)
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has
no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2019-028 approving Conditional Use Permit No. UP2018-005 and Coastal
Development Permit No. CD2018-004.
Commissioners disclosed no ex parte communications.
Planning Consultant Liane Schuller reported Verizon proposes to install a new facility within the Corporate Plaza
West area of Newport Center. The Planning Commission heard AT&T and Verizon's joint application on May 17,
2018, at which time the Planning Commission continued the hearing and indicated slimline monopoles were not
aesthetically appropriate for the location. A conditional use permit is required for a freestanding facility and to
exceed the 32-foot height limit. A coastal development permit is required because the location of the proposed
facility is within the Coastal Zone. The monopole will measure 43 feet 7 inches in height, which complies with the
height limit for the area. The applicant proposes to install an equipment enclosure adjacent to the tree and a small
meter pedestal immediately adjacent to the tree. The applicant proposes to screen the monopole with eucalyptus
and sumac trees and to plant a hawthorn hedge around the equipment enclosure. The applicant has provided
service coverage maps showing current and proposed areas with good coverage and weak or intermittent
coverage. Condition of Approval 6 contains a typographical error. The maximum elevation height should 145.6
feet. Staff recommends the Planning Commission approve the project.
In response to Chair Koetting's query, Deputy Community Development Director Campbell indicated a 36-inch box
eucalyptus will provide more screening at the time of planting than a 24-inch box.
In reply to Commissioner Rosene's question, Deputy Community Development Director Campbell advised that
several years ago, the City reviewed two developments at the Newport Beach Country Club. The first
development, a golf club facility, has been completed. The second development to reconfigure tennis courts and
construct a stadium court, tennis clubhouse and spa, 27 rental bungalows and five single-family homes has
received entitlements. The bungalows will be almost directly adjacent to the proposed mono-eucalyptus. Staff
does not believe the telecommunications facility will be incompatible with the future development of the tennis club.
Chair Koetting opened the public hearing.
Peter Blied, applicant representative, related that the applicant accepts the conditions of approval with the
amendment to Condition of Approval 6. The proposal conforms to the Sight Plane Ordinance, and the landlord
supports the current design.
In answer to Chair Koetting's inquiries, Mr. Blied explained that wireless facilities are usually smaller in residential
areas. He did not believe the mono-eucalyptus would be the tallest wireless facility in Newport Beach. Deputy
Community Development Director Campbell clarified that a few facilities located in industrial areas are taller than
the mono-eucalyptus. Typically, wireless facilities are 35 to 60 feet tall.
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In response to Commissioner Rosene's question, Mr. Blied indicated the proposed facility will be shorter and have
the same materials as the facility on McGaw in Irvine.
In reply to Commissioner Kleiman's queries, Mr. Blied reported development of wireless facilities is based on
demand, feedback, and budgets. Small cell projects are the most likely solution to increase coverage, but residents
are often opposed to placing them in specific locations. The proposed facility will not be obsolete in the next few
years. As technology evolves, the facility will likely be modified rather than replaced. The Irvine Company and
staff can require maintenance of the facility. At one time, the office properties division of the Irvine Company did
not support the use of faux trees. Wireless traffic will move from existing facilities to the proposed facility, which
will allow the existing facilities to function better. Deputy Community Development Director Campbell shared
information regarding small cell initiatives with Verizon. The flower streets in Corona del Mar are challenged by
the lack of street lights and the Municipal Code prohibition of new above-ground facilities. Most issues concerning
fees have been resolved.
Commissioner Kleiman noted the influx of summer visitors exacerbates the existing sub-par coverage. She
expressed frustration with the lack of progress toward developing a comprehensive plan to improve coverage. If
the proposed facility was more than a Band-Aid, she would be more supportive of it.
Jim Mosher suggested someone determine whether the maximum elevation height is measured from sea level or
the North American Vertical Datum of 1988. The project plans seem to indicate Verizon measures the height from
sea level, which is a couple of feet higher than the North American datum. The notice of an application for a
coastal development permit was removed from the site approximately a year ago and was only recently replaced.
Staff should have provided notice of the hearing for a coastal development permit to everyone who has expressed
interest in the item. The most logical and least intrusive location for the facility is the entry pylons to Newport
Center. He inquired regarding Verizon's need for 12 antennas and AT&T's solution for coverage issues in the
area. After five years, the facility at 2401 Irvine Avenue is not well screened.
Mr. Blied advised that he would double check the height of the proposed facility. A condition of approval requires
the applicant to provide a height certification to ensure the height does not violate ordinances applicable to the
property. The proposed design with 12 antennas will be much more functional than the prior design. Budget
constraints rather than a solution caused AT&T to drop out of the project.
Principal Planner Jaime Murillo reported the maximum height allowed under the Sight Plane Ordinance is 145.6
feet NAVO 88. "Above mean sea level" should be deleted from Condition of Approval 6.
Deputy Community Development Director Campbell advised that staff will ensure the facility at 2401 Irvine Avenue
is properly maintained. Parties interested in Coastal Development Permit applications are notified of hearings if
they provide an address.
Chair Koetting closed the public hearing.
Commissioner Lowrey remarked that the proposed facility is a big improvement over the prior proposal. He
concurred with Commissioner Kleiman's concerns, but any coverage improvement is progress.
Motion made by Vice Chair Weigand and seconded by Chair Koetting to approve the project as recommended
and with the revision to Condition of Approval 6.
AYES:
NOES:
ABSTAIN:
ABSENT:
ITEM NO. 5
Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, Rosene
APPEAL OF SHEEHY RESIDENCE CDP (PA2017-179)
Site Location: 2495 Ocean Boulevard
Summary:
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An appeal of the Zoning Administrator's July 11, 2019, decision to approve Coastal Development Permit
No. CD2017-076 related to the demolition of an existing single-family residence and detached one-car
garage, and the construction of a new 6,630-square-foot, single-family residence with an attached 656-
square-foot, three-car garage located at 2495 Ocean Boulevard. The proposed development also includes
accessory elements such as walls, fences, patios, hardscape, swimming pool, drainage devices and
landscaping. The proposed project complies with all applicable development standards and no deviations
are requested. The appeal was filed by a neighboring resident property owner.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15303 -Class 3 (New Construction or Conversion of Small Structures) of the State CEQA (California
Environmental Quality Act) Guidelines, because it has no potential to have a significant effect on the
environment; and
3. Adopt Resolution No. PC2019-029, upholding and affirming the Zoning Administrator's approval of
Coastal Development Permit No. CD2017-076.
Assistant City Attorney Summerhill reported the applicant and appellant have reached a tentative agreement to
redesign the project. She recommended the Planning Commission open the public hearing, seek the applicant's
agreement to continue the item, and continue the item.
Commissioner Ellmore recused himself from the item as he owns an interest in real property located within 500
feet of the project site.
Deputy Community Development Director Campbell concurred with Assistant City Attorney Summerhill's
recommendation. The hearing may be continued to October 17.
Vice Chair Weigand disclosed detailed conversations with the applicant and appellant. Other Commissioners
disclosed no ex parte communications.
Chair Koetting opened the public hearing.
Christopher Brandon, applicant representative, requested a continuance of the item so that the applicant and
appellant can resolve issues. A resolution may or may not involve changes in the design. October 17 is an
acceptable date for a future hearing.
Chandra Slaven, appellant representative, agreed to continue the item to October 17.
Motion made by Vice Chair Weigand and seconded by Commissioner Klaustermeier to continue the item to
October 17, 2019.
AYES:
NOES:
RECUSED:
ABSENT:
Koetting, Weigand, Lowrey, Klaustermeier, Kleiman, Rosene
Ellmore
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 6
None
ITEM NO. 7
MOTION FOR RECONSIDERATION
REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA.
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Deputy Community Development Director Campbell summarized projects for the Orange Coast College Maritime
Training Center and 3101 West Coast Highway, which do not require Planning Commission review. The October 3
Planning Commission agenda will include a discussion of the Regional Housing Needs Assessment (RHNA). The
General Plan Listen and Learn process will launch on October 26 . Staff will provide periodic updates regarding
the Listen and Learn process to the Planning Commission . The General Plan Update Steering Committee will
meet on September 25 .
In response to Commissioner Kleiman's inquiries , Deputy Community Development Director Campbell agreed to
investigate a new convenience store selling alcohol. The City Council approved the project on Kings Road .
ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES
Commissioner Ellmore advised that he will not be present for the October 3 Planning Commission meeting .
IX. ADJOURNMENT-8 :06 p.m .
The agenda for the September 19, 2019, Planning Commission meeting was posted on Friday,
September 13, 2019, at 4:55 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,
September 13 , 2019, at 5:10 p.m.
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