HomeMy WebLinkAbout03/06/2003• Planning Commission Minutes
March 6, 2003
Regular Meeting - 6:30 p.m.
CITY OF NEWPORT BEACH
Commissioners Toerge, Agajanian, McDaniel, Kiser, Gifford, Selich and Tucker -
All Present
Sharon Wood, Assistant City Manager
Patricia L. Temple, Planning Director
Robin Clauson, Assistant City Attorney
Rich Edmonston, Transportation and Development Services Manager
James Campbell, Senior Planner
Jyll Ramirez Department Assistant
Ginger Varin, Planning Commission Secretary
• Minutes:
Motion was made by Commissioner Tucker to approve the minutes of February 20,
2003 as revised.
Ayes: Toerge, Agajanian, McDaniel, Selich, Gifford, Tucker
Noes: None
Abstain: Kiser
Public Comments:
Postina of the Aaenda:
The Planning Commission agenda was posted on Friday, February 28, 2003.
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Minutes
Approved
None
Posting of Agenda
. City of Newport Beach
Planning Commission Minutes
March 6, 2003
SUBJECT: Balboa Inn Expansion - (PA 2002 -236)
707 E. Ocean Front
Amendment to Use Permit No. 3683 to increase the height limit for an elevator
tower (34 feet) and several architectural features (32 feet), increase the bulk of
the approved project to accommodate the new elevator tower and to make
other architectural and design changes.
Chairperson Kiser noted a letter dated March 3, 2003 written by Mr. James Read
that had been distributed to all the Commissioners asking the Planning
Commission to consider his comments as he is unable to attend the meeting.
Senior Planner James Campbell noted a proposed change to condition 4
regarding the number of parking spaces from 20 to 17 for all on -site uses; and
added that 12 parking spaces are required.
At Commission inquiry, Mr. Campbell noted:
• No new exhibits.
• Coastal Commission approved the original project.
• The conditions of approval are the same as presented at the previous
meeting except for the added bold lettering that is new; the only other
change is the elimination of language in the resolution that dealt with the
• Transient Occupancy Tax as the tax had been paid.
Public comment was opened.
Mr. Robert Stem, architect speaking for the applicant, presented a power point
presentation noting:
•
The existing conditions at the hotel, new renderings representing the new
designs as part of the exhibits.
•
Presented samples of red roof the to be used that are barrel tops to match
the existing roof of the Balboa Inn; and the floor tile proposed.
•
Throughout the presentation, he noted the detail changes, and that he
had consulted the minutes of the last meeting and took under
advisement items noted by the Commissioners that are included in the
presentation and the proposal.
•
New street trees are planned to be incorporated and will continue down
the Ocean Front walk.
•
New concrete balustrades on the bridge versus the existing aluminum rails.
•
More awnings are introduced to keep in line with the existing design of the
inn.
•
Column bases and column capitals detailing will be matched to existing.
•
Stone pavers for the walkways and trim color to be used.
•
Windows are to be recessed on the storefronts within the arch areas to
match the existing conditions.
•
Introducing a wood trellis around the exterior parking area to help with the
landscaping.
•
Wrought iron to be used on third floor railings for a transparent look
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PA2002 -236
Approved
• City of Newport Beach
Planning Commission Minutes
March 6, 2003
At Commission inquiry, he added:
• The hotel ownership plans to upgrade the existing hotel in the future once
this project is underway.
Commissioner McDaniel asked, now that there is an elevator in this building, can it
stand alone? If the old building burnt down, could this building stand by itself
without having to be tied to the other; could this parcel be sold off separate from
the other?
Mr. Campbell answered it would stand alone in terms of compliance with the
Building Code and Fire Code, but to stand alone as a hotel, they would have to
build a lobby and take away the commercial space below it because they would
need a lobby for an entrance. Staff doesn't believe, as designed, it could be a
stand alone hotel without further modification of the building. However, condition
6 limits the uses, development and operation of both properties as one, consistent
with this use permit and preclude conversion of the buildings to any other or
separate use. This use permit could be amended, however.
Tom Hyans, President of Center Newport Beach Community Association noting
the letter written by Mr. Read, spoke for him:
• The original project designed by Ron Baers was presented at two
• previous meetings as one configuration with nicely done windows, less
shear wall area, open space and an appealing project then.
• It looks like it might be back to that with this evening's presentation.
• The things that disappointed you the last time about the building
configuration, may or may not have gone away. The wrought iron is
still on the third floor.
• If this was appealed on the basis of the first two presentations where
there was a nice looking building and they have not restored this the
way it was before, does this get back to the City Council for appeal?
Mr. Campbell answered that Mr. Read could appeal this decision to the City
Council or the City Council could call it for review. The project would not be
automatically sent to the Council.
Public comment was closed.
Commissioner Toerge asked:
• 'Increased height resulting in decreased building footprint, etc.' is there
anyway this can be demonstrated? How is that developed?
Mr. Campbell answered
• The western part of the project (26 feet) is actually an open parking area
that has a wall around it. Originally, that wall would have been wrought
iron fencing. The Planning Commission required that the interior portion of
that area that faces Ocean Front be a solid, decorative wall as there was
• a concern about light spillage from the parking area on Ocean Front.
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City of Newport Beach
Planning Commission Minutes
March 6, 2003
That wall reduces visibility through the project. There is open space above
the screen wall that is not occupied by buildings.
Commissioner McDaniel asked:
• How many other parcels of land are on the frontage side of the walkway?
Ms. Temple answered this is the only commercial property. The Newport
Elementary School property is also oceanward of the boardwalk; there are some
remnant residential properties further down the peninsula that are extremely small
and have no access.
Commissioner Toerge commented on the resolution:
• Section 4:3 - the reference to public street, should that be more
accurately described as public right of way? Staff agreed
• Section 4:9c - remove 'to the west' as it is duplicative. Staff agreed.
• Section 4:9d - change the wording to, 'The increased height does not...'
Staff agreed.
• Section 4:9g - change, '... 8 to 5 excess parking stalls.' Staff agreed.
• Section 4:91x(c) - change provides to provide. Staff agreed.
Motion was made by Commissioner Selich to approve the requested amendment
to Use Permit No. 3683 (PA2002 -236) subject to the findings and conditions of
. approval within the attached draft resolution with the suggested corrections. He
then stated that the applicant has done what was requested to find ways to tie
the building more into the existing inn and to do some architectural enhancement
to the building.
Commissioner Gifford noted her concern about an amendment to this use permit
that a restricted covenant could be overcome. In condition 6, could we remove
the words, consistent with this use permit and not lose anything? The use permit is
there; amending the use permit would not get around the covenant.
Ms. Clauson answered that those words could be removed. However, another
Planning Commission or City Council could decide to eliminate the requirement
for the covenant; that would be only after a public hearing and due process. The
covenant will not go away on its own, it would have to be by some action; some
sort of documentation would have to be filed to terminate or change the
recorded property covenant.
Ms. Wood noted that also in that condition, 707 Ocean Front and 105 Main Street
can not be conveyed separately while either is used pursuant to this use permit.
So, if such a change is made, it would have to affect both properties.
Commissioner Tucker noted that the reason for this covenant was initially the two
parcels needed to be operated together to provide the handicap access. The
biggest issue was separate parcels with separate ownership. There is still a rational
• for keeping them tied together and should be kept that way.
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• City of Newport Beach
Planning Commission Minutes
March 6, 2003
Ayes: Toerge, Agajanion, Gifford, Selich, Tucker
Noes: McDaniel, Kiser
US BJECT: General Plan Amendment Initiation No. 2003 -002
813 East Balboa Avenue
Request to initiate a General Plan Amendment and an amendment to the Local
Coastal Program to change the land use designation on a single lot from Retail and
Service Commercial to Two Family Residential.
Ms. Temple noted:
• Size of commercial districts including Balboa Village might be an item to
discuss as part of the overall General Plan Update. There have been some
comments that there is too much land zoned for commercial purposes
and that the City should look at ways to change some of it to residential or
other types of land uses.
• As you proceed, staff would like you to consider whether this change
should be part of the overall consideration associated with the General
Plan Update.
• Public comment was opened.
Mr. Steve Legere, property owner noted:
• The building consumes the whole lot and has no commercial value as the
location is out of the main stream.
• Most of the traffic is on Main Street; no parking in front of the building and
has no rear access for delivery of items.
• If it was built with a residence on top, the building size would go from 2,500
square feet below to 1,250 square feet because 7 parking spaces would
have to be included. 7 parking spaces can not fit on the lot.
Tom Hyans, resident of the peninsula, noted his support to convert this commercial
properly to residential properly.
Commissioner Tucker asked if any of the lots in the area would have improved
value if they were just single family.
Mr. Hyans answered that a single family would be better. But sometimes the size
of the lot and the speculative value would be conducive to duplexes. Single
family residences are very expensive for some people to afford.
Commissioner McDaniel asked how many square feet could be built if this was
approved.
• Staff answered that the available square footage for residential use would be
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Rem 2
PA2003 -050
Recommended for
Approval
City of Newport Beach
Planning Commission Minutes
March 6, 2003
approximately 3,570 square feet of floor area.
Public comment was closed.
Motion was made by Commissioner Tucker to recommend that the City Council
approve General Plan Initiation No. 2003 -002 (PA2003-050).
Commissioner Gifford noted her support of the motion as another empty
storefront is not needed in the village area.
Commissioner Toerge noted his agreement with the previous statement and
added that he is concerned about this residential property being built next to a
restaurant with its night life of the parking lot with valet service.
Ayes: Toerge, Agajanian, McDaniel, Kiser, Gifford, Selich, Tucker
Noes: None
SUBJECT: Zoning Code Amendment Initiation
Citywide
is Amend Chapter 20.85 to be Compliant with Assembly Bill No. 1866, Chapter 1062,
Statutes 2002
Chairperson Kiser noted that Assembly Bill No. 1866 was enacted by the State in
2002 and it prohibits discretionary review of the second residential units proposed
for single family lots on or after July 1, 2003.
Ms. Temple noted:
• The current Code gives no discretion to deny so long as certain standards
are met.
Ms. Clauson added that this law changes the requirement that the City does not
have discretionary permit involved so a public hearing is not necessary as long as
the standards are met. There will have to be a report and based on the research,
age may or may not be supportable as it will depend on what the housing needs
are and the reason for second units. This will be looked at through the process.
Chairperson Kiser asked if this was not acted upon tonight, is there any potential
benefit to the City or is there anything else that can be considered?
Ms. Clauson answered that the City needs to go through this process as the new
law goes into effect July 1, 2003. Staff is initiating this Code Amendment to get it
started and then will go through the process of complying with the statutory
requirements for providing reports, identifying those areas in the City where
second units are /are not appropriate. It will be a study and update of the original
report done on granny unit dwellings and the criteria to be used.
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Item 3
PA2003 -054
Resolution of Intent
was adopted
10 Planning of Newport Beach
Planning Commission Minutes
March 6, 2003
Commissioner Tucker noted that as this is an initiation item we do not have all the
details; it is premature to have a discussion now.
Commissioner Toerge asked how often the City receives and approves
applications for accessory dwelling units.
Ms. Temple answered that since this statute was adopted in the mid 1980's,
approximately 18 applications have been approved and 12 were actually
implemented.
Public comment was opened.
Public comment was closed.
Motion was made by Commissioner Agajanian to initiate an amendment to Title
20 amending Chapter 20.85 (Accessory Dwelling Units) to be compliant with
assembly Bill No. 1866, Chapter 1062, Statutes 2002.
Ayes: Toerge, Agajanian, McDaniel, Kiser, Gifford, Selich, Tucker
Noes: None
SUBJECT: General Plan Update Visioning Statement
Commission review of draft Vision Statement
Chairperson Kiser noted that the Planning Commission is being asked to review the
proposed Vision Statement and to recommend to the City Council whether or not
to 'adopt' or 'endorse' it. He asked for clarification of the terminology suggested.
Ms. Wood noted that this language is the some as passed in the motion by the
General Plan Update Committee. They did not have a strong direction they
wanted to go, so they were leaving flexibility for the Planning Commission and the
City Council.
Commissioner Tucker asked what it means to either adopt or endorse. What is the
difference with receive and file? What are the consequences?
Ms. Wood noted the committee supported this idea. The General Plan Advisory
Committee, comprised of 38 people, spent a lot of time putting this together based
on what they heard from all the public outreach methods used during the visioning
process. The idea was to have something that would guide us as we do the actual
update of the General Plan. Their thinking is that if some official action on the Vision
Statement is taken by the Planning Commission and City Council it would have
more weight as we go through this process. There is no legal consequence
• between adopt or endorse, it is not being added to the General Plan at this point,
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Bern No. 4
GPU Visioning
Statement
Recommended
• City of Newport Beach
Planning Commission Minutes
March 6, 2003
OlTnougn we migm wanT To it
when we do get to that point.
Commissioner Tucker noted:
• Served as a Charter member of the General Plan Update committee.
• He asked for an update of the status of the economic and traffic studies
that are a key component of the process. How do we adopt or endorse a
vision statement that is still missing pieces of what should guide the overall
thought process?
Ms. Wood noted the lack of those studies is part of the reason for the generality of
the Vision Statement. The fiscal impact analysis of existing land uses has been
drafted and has been reviewed by the Economic Development Committee. It will
be brought to the General Plan Advisory Committee within the next few months
following some additional information from the consultant.
Mr. Edmonton noted that the draft model has been largely completed that shows
the existing traffic and what the traffic projections would be based on the current
General Plan. Those are still under staff review and should be finished within two
weeks.
Ms. Wood added that the Scoping Sub - committee of the General Plan Update
• Committee met last week and talked about the questions raised at the prior joint
meeting. They will be recommending, as part of the scope, five key decision points
when there would be study sessions with the Planning Commission and City Council.
Among those would be as we formulate the land use alternatives that will be tested,
when that evaluation is back.
Commissioner Selich noted that the Vision Statement is very general; there had
been in -depth discussions about choices and where decisions have to be made. I
would have expected that would have framed the issues more than something like
this. I am perplexed why we are even doing this as it does not bring any of the issues
to the forefront.
Ms. Wood answered that GPAC was unable to produce something more specific
due to the fact that they did not get those technical studies early enough to be
able to talk about the trade offs, which had been the intent early on from the
General Plan Update Committee when both Commissioners Selich and Tucker were
participating.
Public comment was opened.
Barry Eaton, member of General Plan Update Committee, noted the following:
• General Plan Advisory Committee is comprised of many people with various
opinions.
• It would be nice to recognize the extensive work done by GPAC and
establish the process on a positive note.
• I had originally suggested 'adopt' the vision statement, as it shows some
•
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• City of Newport Beach
Planning Commission Minutes
March 6, 2003
recognition of a generalized vision statement of what we hope Newport
Beach will be in 20 years.
The reason for the word 'endorse' was recommended by the consultant
and agreed to by Ms. Wood to make it more pliable and less rigid.
Commissioner Tucker noted he did not understand the reason to adopt it other than
to make people feel good.
Mr. Eaton answered that would be a positive note to continue with the update
process and you will get much more specific policies and implementation
programs. One of the things to be recommended is a hierarchy of goals and
policies and implementing programs. Those will be very specific.
Nancy Gardner, member of GPAC, noted the reason the Vision Statement is not
specific is because that was our mandate. We were told this is a vision and visions
do not include details. You don't need a traffic study to say that in 20 years you
want traffic to be flowing smoothly. What economic data will change the fact that
you want it to be primarily a residential community and that you want the residents'
needs to be considered? This is what we have heard. We wanted this to be a
vision. There was a lot of discussion on the verbiage of the statement itself. If it did
not go beyond a committee of volunteers, who represented every aspect of the
City, why not? It would be meaningful as we continue this process to have both the
Planning Commission and City Council agree that this is a vision that we can all
agree on for our City.
Philip Lugar, co- chairman of GPAC noted that we are asking that you endorse the
vision statement. Basically you do not have to do anything with it, but endorsing it
would send a message that we are on the right track, even if it is only a general
statement.
Tom Hyans, resident of West Newport noted it is important that GPAC be
acknowledged and recognized for their work.
At Commission inquiry, Ms. Clauson stated that an endorsement would not have
legal ramifications or commitment. It is just a matter of whether this Commission, as
recommended by the GPUC, can say that they think this is on the right track. As
stated before, another thing to say is, 'that you recognize the efforts of GPAC, and
agree that this is a good starting place,' rather than 'endorse'.
Ms. Wood suggested that the Planning Commission could 'endorse this as guidance
for the General Plan Update'.
Chairperson Kiser noted that he has read the statement and certainly there could
be comments and changes to it, there is nothing in the statement that is
objectionable and given comments from the City Attorney's office that
recommending that our City Council endorse this statement has no detrimental
ramifications with respect to the development of the new General Plan made the
following motion.
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• City of Newport Beach
Planning Commission Minutes
March 6, 2003
Motion was made by Chairperson Kiser that the Planning Commission recommend
that the City Council endorse this Vision Statement.
Commissioner Gifford noted that there was a lot of discussion about wanting
feedback, involvement and support. There was a great deal of time and effort
put into this statement.
Substitute motion was made by Commissioner Tucker to commend the effort of
General Plan Advisory Committee and generally concur with the direction of the
Vision Statement.
Commissioner Gifford noted her support of the original motion. This
recommendation was discussed at the GPUC meeting at which there were three
councilmembers present; the vote was to move this forward.
Chairperson Kiser noted that this is a statement that is recognition of the work
done.
Commissioner McDaniel noted his support of the original motion.
Commissioner Agajanian noted his support of the substitute motion.
• Commissioner Tucker changed his substitute motion to, 'recommend to the City
Council that the Council generally concur with the Vision Statement'.
Ayes: Agajanian, Tucker
Noes: Toerge, Kiser, McDaniel, Gifford, Selich
Original motion:
Ayes: Toerge, Agajanian, Kiser, McDaniel, Gifford, Selich,
Noes: Tucker
ADDITIONAL BUSINESS:
a) City Council Follow -up - Ms. Wood noted that the City Council on February
25th approved the Use Permit and Draft Mitigated Negative Declaration for
the Park and the Senior Housing project at Bayview; discussed the proposed
project by Sutherland Talla Hospitality at the Marina Park site on the
peninsula; considered a report on procedures for appeals and calls for
review, additionally Councilmember Heffernan had called for review a
setback encroachment on Peninsula Point that turned into a discussion of
the modification process itself.
b) Oral report from Planning Commission's representative to the Economic
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Additional Business
City of Newport Beach
•
Planning Commission Minutes
March 6, 2003
Development Committee - The EDC reviewed the fiscal impact analysis of
the economic study for the general plan update and made suggestions
for other areas that need to be looked into.
C) Report from Planning Commission's representatives to the General Plan
Update Committee - none.
d) Report from Planning Commission's representative to the Local Coastal
Plan Update Committee - Commissioner Toerge noted that the plan had
been circulated to the department heads for their comments. The
document is being redrafted and consolidated into a restated review and
we expect to get that back March 12th. We are going to be removing
Newport Coast from the LCP because it already has a Coastal Program
approved by the Coastal Commission. It will be referred to in the LCP as
not part of the plan. The final draft will be available for review by the first
part of April. Members of the Planning Commission will also receive a copy
for their review at that time.
e) Matters that a Planning Commissioner would like staff to report on at a
subsequent meeting - none.
f) Matters that a Planning Commissioner may wish to place on a future
agenda for action and staff report - none.
• g) Status report on Planning Commission requests - Ms. Temple noted she
looked at Cassidy's sign and that it had been painted out; since it is now not
in use, it is considered abandoned and our Code Enforcement personnel will
take action. She then introduced Jyll Ramirez, Planning Department
Assistant. Commissioner Gifford noted that Rudy's has planted the front area
that had been a concern of hers.
•
h) Project status - none.
Requests for excused absences - Ms. Temple reported that there are three
Commissioners who have signed up for the Planning Institute as well as
herself so they will be absent from the March 20th meeting. It was then
decided that there would be no meeting on March 201h.
ADJOURNMENT: 8:30 p.m.
SHANT AGAJANIAN, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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Adjournment