HomeMy WebLinkAbout1.0_Draft Minutes of December 7, 2023
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NEWPORT BEACH PLANNING COMMISSION AMENDED MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, DECEMBER 7, 2023
REGULAR MEETING – 5:00 P.M.
TELECONFERENCE LOCATION PURSUANT TO GC§54953(B): EMBASSY SUITES LOVELAND, 4705 CLYDESDALE PWKY., LOVELAND, COLORADO 80538. ROOM 610
I. CALL TO ORDER– 6:00 p.m. II. PLEDGE OF ALLEGIANCE – Commissioner Langford III. ROLL CALL
PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris, Commissioner Jonathan Langford, Commissioner Lee Lowrey, and Commissioner David Salene ABSENT: Commissioner Brady Barto
Staff Present: Assistant City Manager/Community Development Director Jurjis, Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic
Engineer Brad Sommers, Associate Planner Joselyn Perez, Assistant Planner Jenny Tran, Senior Planner Liz Westmoreland, Administrative Assistant Clarivel Rodriguez, and
Department Assistant Savannah Martinez IV. PUBLIC COMMENTS
None V. REQUEST FOR CONTINUANCES
None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF NOVEMBER 9, 2023 Recommended Action: Approve and file Motion made by Vice Chair Rosene and seconded by Commissioner Harris to approve the minutes of the November 9, 2023. AYES: Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: Ellmore ABSENT: Barto VII. PUBLIC HEARING ITEMS ITEM NO. 2 PINE KNOT MOTEL CDP (PA2023-0027) Site Location: 6302 West Coast Highway Summary: An appeal of the Zoning Administrator’s September 28, 2023, decision to approve a coastal development permit to rehabilitate a 12-room motel that was significantly damaged by fire in 2018 and partially demolished pursuant to Emergency Coastal Development Permit No. ECD2018-150. The project involves
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replacing the demolished portions of the structure, repairing the uninhabitable portions of the structure, the addition of a partial second story at the front of the property, construction of a commercial trash enclosure, and site improvements. Site improvements include but are not limited to, hardscaping,
drainage, and restriping of the existing parking lot. Approximately 306 square feet will be added to the total gross floor area of the structure to modernize and enhance the usability of the motel. The rehabilitated motel will maintain a relatively similar footprint to the damaged structure and will maintain the same number of guest rooms. 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, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have
a significant effect on the environment; and 3. Adopt Resolution No. PC2023-041 denying the appeal and upholding and affirming the Zoning Administrator’s approval of a Coastal Development Permit to allow the addition of a partial
second story and the rehabilitation of a 12-room motel filed as PA2023-0027.
Commissioner Harris recused himself due to a business relationship with a member of the applicant group.
Associate Planner Perez used a presentation to review the appeal of the Pine Knot Motel Coastal Development Permit. She provided a vicinity map, history of the motel, described the 2018 fire, provided a project description,
explained why a coastal development permit and referenced the appealed decision of the Zoning Administrator hearing, discussed the requested parking reduction, the visitor accommodations impact analysis and mitigation
fee and concluded with staff’s response to the appeal. Ms. Perez corrected condition of approval no. 18 in the draft resolution to remove the reference to allowed Saturday construction hours.
Ex parte communications were disclosed by Commissioner Rosene, Salene, and Langford who spoke with a
representative of the applicant. The remaining Commissioners had no ex parte communications.
Chair Ellmore opened the public hearing.
Kevin Giz, applicant, thanked staff for their service to the City, mentioned letters emailed to the City from supporters, and expressed his passion for the project and efforts.
Eric Aust, project architect, thanked staff for working collaboratively and reviewed the project scope and team,
current photos and site history, project goals, project renderings, and conclusion. Mr. Aust agreed with the recommended conditions of approval.
Jim Mosher, appellant, used a presentation to explain the reason for this appeal. He questioned whether the
restoration qualified as diligently pursuit of a plan and expressed concern that the feasibility and impact analysis for proving low cost overnight visitor accommodations (LCOVA) was inadequate. Mr. Mosher provided his interpretation of the LCOVA considerations and reiterated his concerns regarding the reduced parking request and suggested the conditions of approval may need additional review.
Renee Rimlinger, President Newport Shores Community Association, supported the project.
Jim Mosher noted public parking across Coast Highway is intended for beach visitors. Deputy Community Development Director Campbel clarified that parking could be reduced to provide
accessible spaces in any other zone of the city, aside from the Coastal Zone, he stated that he thought the PKF study was appropriate in its analysis and provided additional information on the consideration of the in-lieu fee. He noted the insignificant impact to parking, and recommended approval.
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Chair Ellmore closed the public hearing.
In response to Commissioner Langford’s question, Deputy Community Development Director Campbell stated that any new signs would need to be consistent with the sign code in the Newport Beach Municipal Code (NBMC). In response to Commissioner Lowrey’s question, Associate Planner Perez and the applicant did not have the average daily rate before the fire available to share.
Vice Chair Rosene noted the project difficulty, commended the applicant and staff for finding a way to make it work, and expressed his support for the project. Motion made by Vice Chair Rosene and seconded by Commissioner Salene to approve staff’s recommendation and include the correction in condition of approval 18. AYES: Ellmore, Lowrey, Langford, Rosene, and Salene NOES: None ABSTAIN: Harris ABSENT: Barto ITEM NO. 3 SAGE HILL MIDDLE SCHOOL (PA2022-0277) Site Location: 20402 Newport Coast Drive Summary: A major site development review, minor use permit, and traffic study to increase student enrollment from 600 to 750 students and to construct a new three-story, 38,658 square-foot middle school (i.e., grades 7-8) and gymnasium building for Sage Hill School on the northern portion of the existing campus. The proposed structure would exceed the remaining 20,166 square feet authorized by the original use permit; therefore, the request includes an amendment to increase the total floor area on-site by 18,492 square feet for a total of 160,392 square feet. The proposed middle school and gymnasium building includes eight classrooms, a café, offices, storage rooms, outdoor learning areas, and approximately 824 bleacher seats within the gymnasium. The proposed project also includes nighttime lighting and landscaping improvements for the existing baseball field as well as landscaping improvements for the new school and gymnasium building. Lastly, the project includes improvements to Newport Coast Drive to extend the existing left turn lane at the intersection of Newport Coast Drive and the Coyote Canyon Landfill Renewable Energy Facility (REF), which is intended to improve queuing capacity. No changes are proposed to the existing high school facilities (i.e., grades 9-12) which will continue to be regulated by County Use Permit No. PA97-0173. 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) and under Section 15314 under Class 14 (Minor Additions to Schools) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2023-042 approving PA2022-0277 for a Major Site Development Review, Minor Use Permit, and Traffic Study. Assistant Planner Tran used a presentation to review the project location and description, background, use permits and development standards, traffic study and queueing analysis, improvements to the left turn lane pocket to meet future enrollment demands, City monument sign relocation with the improvements to the
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median, landscaping and lighting proposals, CEQA exemptions for Class 1 and 14, and staff recommendations.
(NO VIDEO AVAILABLE DURING TIME STAMP RANGE 44.57 – 58.08) Ex parte communications revealed that Commissioner Rosene spoke with the applicant’s representative, while the other Commissioners disclosed none. Chair Ellmore opened the public hearing.
Shawna Schaffner, CEO of CAA Planning and representative to the applicant, thanked City staff for working together on the project and used a presentation to review the background, proposed project, requested approvals, school site views and elevations, materials board, photo renderings, view from Newport Coast
Drive, traffic study, offset school hours, and biological resources study. She stated that the applicant agrees with the conditions of approval.
An unidentified student at Sage Hill supported the project. Mike Baldwin, Sage Hill trustee and Chairman of the Board, supported the project and asked the Council for
approval.
Jim Mosher noted that the specific approval and PA number are missing in part 2 of the decision on handwritten page 34.
Deputy Community Development Director Campbell concurred with Mr. Mosher’s note and asked that the PA
number be added, and Council accepted staff’s recommendation with the minor change.
Chair Ellmore closed the public hearing.
Commissioner Lowrey thought the addition is nice and will fit in well.
Secretary Harris liked the proposal and thought the queueing and traffic issues have been resolved.
Commissioner Langford thanked the public for attending the City Council meeting and encouraged graduated students to return to Newport Beach if they leave the area for studies.
Chair Ellmore thought the project is fantastic. Motion made by Chair Ellmore and seconded by Vice Chair Rosene to approve staff’s recommendation with
the modification to condition of approval number 34 and the minor insertion into the recommendation.
AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto ITEM NO. 4 RESIDENCES AT 1400 BRISTOL STREET (PA2022-0296) Site Location: 1400 and 1420 Bristol Street (North) Summary: Request for the demolition of two existing office buildings and the development of 229 apartment units atop a 422-space parking structure and a pedestrian bridge that extends from the proposed project over the Spruce Street right-of-way to the approved residential apartment project at 1300 Bristol Street (Project). The following approvals are requested to implement the Project as proposed:
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• General Plan Amendment (GPA) - A request to change the existing General Plan land use designation of subject property from General Commercial Office (CO-G) to Mixed Use Horizontal 2 (MU-H2) and add 64 dwelling units to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations) to accommodate the Project;
• Planned Community Development Plan Amendment - An amendment to the Newport Place Planned Community (PC-11) Development Plan (PC Text) to include the project site within the Residential Overlay;
• Major Site Development Review - A site development review in accordance with the Newport Place Planned Community and Section 20.52.80 (Site Development Reviews) of the Newport Beach
Municipal Code (NBMC), for the construction of the Project;
• Affordable Housing Implementation Plan - A plan specifying how the Project would meet the City’s affordable housing requirements, in exchange for a request of 50% increase in density. The Applicant seeks six development standard waivers related to park land dedication, building setbacks, building height, private open space for each residential unit, common open space for the entire Project, and
overall residential project density pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law), and two development concessions related to the mix of affordable units and partial park in-lieu fee payment, pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915;
• Development Agreement – A Development Agreement between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and to provide negotiated public benefits to the City;
• Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC;
and
• Addendum to the 2006 General Plan Update Program Environmental Impact Report (Addendum) - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably
foreseeable environmental impacts resulting from the Project. Recommended Actions: 1. Conduct a public hearing; 2. Find that potential environmental impacts have been previously mitigated through the implementation of the policies of the General Plan as evaluated in Program Environmental Impact Report for the 2006 General Plan Update (SCH No. 2006011119), and the City of Newport Beach Housing Element Initial Study/Negative Declaration (collectively, the PEIR); therefore, in
accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental documentation for the project; and 3. Adopt Resolution No. PC2023-043 recommending the City Council adoption of Environmental Impact Report Addendum, and approval of General Plan Amendment, Planned Community Development Plan Amendment, Major Site Development Review, Affordable Housing Implementation Plan, Traffic Study, and Development Agreement, for the Residences at 1400 Bristol Street Project located at 1400 and 1420 North Bristol Street (PA2022-0296). Senior Planner Liz Westmoreland used a presentation to review the project location and description, entitlements requested, dwelling unit count summary, Charter Section 423 Analysis, site plan overview, pedestrian bridge, renderings (Bristol/Spruce intersection), density bonus and affordable housing implementation plan (AHIP), development agreement, CEQA addendum and traffic study, revisions to the conditions of approval, revision to “Exhibit C” of the resolution, recommendation, and next steps. In response to Commissioner Langford’s inquiry, Deputy Community Development Director Campbell confirmed the California Department of Housing and Community Development (HCD) has accepted all the units as part of Regional Housing Needs Assessment (RHNA) requirement and are included in the Housing Element.
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In response to Secretary Harris’ question, Senior Planner Westmoreland stated that the cost of the sewer line improvement is roughly $750,000 and noted different forms of cost sharing.
In response to Vice Chair Rosene’s questions, Senior Planner Liz Westmoreland noted that other approved projects contribute to the sewer line excess along with this project and 1401 Quail with a cumulative impact over time. Assistant City Manager Jurjis stated that the City identified development agreement fees with three different property owners and will, most likely, use the funds to replace the sewer line. He noted that the City will eventually have to replace the sewer line once all the projects are done.
Ex parte communications with the applicant’s representative were disclosed by Commissioners Salene, Harris, and Ellmore. Vice Chair Rosene disclosed no ex parte communications.
Chair Ellmore opened the public hearing.
Greg Nakahira, applicant, thanked City staff for working together and congratulated Deputy Community Development Director Campbell on his retirement. He used a presentation to review the project at 1400 Bristol, project team, and The Picerne Group background.
Satish Lion, The Picerne Group, reviewed One Uptown Newport and the project advancements.
Corey Bitting, TCA Architects, discussed the design highlights, reviewed the ground level, podium level, and roof deck maps, renderings for Bristol and Spruce, Spruce entry, Bristol entry, and layout and community
support and project commitments.
Mr. Nakahira noted the support from the community, letters of support, and their commitment to the community. He noted no issues with the revisions to the conditions of approval and stated that the applicant will agree with
the conditions of approval.
In response to Commissioner Salene’s question, Mr. Nakahira noted the different amenities at each property connected by the bridge.
In response to Vice Chair Rosene’s question, Mr. Nakahira stated that Elevator Two is full size and is dedicated
to move-ins and the loading and unloading zone will accommodate lease up and move ins.
In response to Secretary Harris’ question, Mr. Lion relayed that affordable units are spread throughout the project.
Jim Mosher thought the bonus units will count toward the RHNA at market rate, relayed challenges with
meeting the RHNA quota for middle, low, and very low-income units, questioned the unlimited waivers of development standards, and expressed concern for lack of sun exposure in the center courtyard, traffic noise
relevant to local roadways, and energy neutral standards.
Senior Planner Westmoreland noted the condition of approval that addresses noise issues and requires a noise analysis by the applicant, energy analysis is for information only, and project will be subject to Cal Green standards. She clarified that the density bonus law and NBMC allows the applicant to request as many development standard waivers as needed to make the project physically fit.
Assistant City Attorney Summerhill noted legal cases that interpreted the development standard waivers very
generously and the City has followed those precedents. Chair Ellmore closed the public hearing. Commissioner Lowrey thought the findings seem right on, building is a nice addition, and project will help chip away at the RHNA numbers.
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Vice Chair Rosene thought the project is a great addition to the airport area and findings can be made and supported the project.
Commissioner Langford applauded The Picerne Group, and everyone involved, liked local investment, and appreciated a well thought out project. Secretary Harris expressed excitement for the project and appreciation for a good operator. Chair Ellmore noted that the airport area will be a different place in the future, the quality of the project is
trailblazing, and an interest in the project setting a precedence, and applauded the applicant for bringing forward a thoughtful project. Motion made by Secretary Harris and seconded by Commissioner Salene to approve staff’s recommendation
with the revisions to the conditions of approval stated by staff.
AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION None ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA Chair Ellmore announced Jim Campbell’s retirement and recapped his career history with the City, thanked him for his service, and noted his professionalism. Mr. Campbell expressed gratitude and pleasure for his time working for the City of Newport Beach and thanked staff for the opportunity. He noted that the December 14 Planning Commission meeting is canceled, and four items are scheduled for the December 21 meeting. Jim Mosher expressed appreciation for Mr. Campbell’s professionalism. Jack Campbell, son to Jim Campbell, relayed pride in his dad’s accomplishments. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES IX. ADJOURNMENT - With no further business, the meeting was adjourned by Chair Ellmore at 6:52 p.m.
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The amended agenda for the December 7, 2023, Planning Commission meeting was posted on Friday, December 01, 2023, 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, December 01, 2023, at 4:15 p.m. _______________________________ Curtis Ellmore, Chair _______________________________ Tristan Harris, Secretary
December 21, 2023, Planning Commission Item 1 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 1. MINUTES OF DECEMBER 7, 2023
The passages in italics are from the draft minutes, with corrections suggested in strikeout
underline format.
Page 1, Item III, Commissioners Present: “Chair Curtis Ellmore, Vice Chair Mark Rosene,
Secretary Tristan Harris, Commissioner Jonathan Langford, Commissioner Lee Lowrey
(remote), and Commissioner David Salene”
[The minutes header identifies a remote location, but the minutes do not identify who was
participating from where. Alternatively to the correction suggested, the header could begin
“Commissioner Lowrey from Teleconference Location ….”]
Page 2, paragraph 2 of narrative, sentence 2: “She provided a vicinity map, history of the motel,
described the 2018 fire, provided a project description, explained why a coastal development
permit is required and referenced the appealed decision of the Zoning Administrator hearing,
discussed the requested parking reduction, the visitor accommodations impact analysis and
mitigation fee and concluded with staff’s response to the appeal.”
Page 2, paragraph 7 of narrative, sentence 2: “He questioned whether the restoration qualified
as diligently diligent pursuit of a plan and expressed concern that the feasibility and impact
analysis for proving low cost overnight visitor accommodations (LCOVA) was inadequate.”
Page 4, notice near top: “(NO VIDEO AVAILABLE DURING TIME STAMP RANGE 44.57 –
58.08)”
[Was this intended to be included in the minutes? The problem seems specific to the
Granicus version of the video, only, which displays what look like silent NBTV notices during
that interval. The Youtube version does not have this problem, and is without any gap. The
minutes appear to be complete.]
Page 4, full paragraph 7: “Deputy Community Development Director Campbell concurred with
Mr. Mosher’s note and asked that the PA number be added, and Council accepted the
Commission accept staff’s recommendation with the minor change.” [see video]
Page 4, full paragraph 13: “Motion made by Chair Ellmore and seconded by Vice Chair Rosene
to approve staff’s recommendation with the modification to condition of approval number 34
and the minor insertion into the recommendation.”
[The minutes accurately reflect the video, however there may have been some confusion.
The “minor insertion into the recommendation” was made on handwritten page 34. I am
unable to find any discussion about modifying condition of approval number 34, which has to
with submitting plans for preliminary building approval review.]
Planning Commission - December 21, 2023 Item No. 1a - Additional Materials Received Draft Minute of December 7, 2023
December 21, 2023, PC agenda Item 1 comments - Jim Mosher Page 2 of 2
Page 5, last paragraph: “In response to Commissioner Langford’s inquiry, Deputy Community
Development Director Campbell confirmed the California Department of Housing and
Community Development (HCD) has accepted all the units as part of Regional Housing Needs
Assessment (RHNA) requirement and they are included in the Housing Element.”
Page 7, paragraph 4: “Chair Ellmore noted that the airport area will be a different place in the
future, the quality of the project is trailblazing, and an interest in the project setting a
precedence precedent, and applauded the applicant for bringing forward a thoughtful project.”
Page 7, Item No. 7 (Requests for Excused Absences): Normally this would say “none” – as the
video indicates none were approved.
Planning Commission - December 21, 2023 Item No. 1a - Additional Materials Received Draft Minute of December 7, 2023