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HomeMy WebLinkAbout06/19/2008Planning Commission Minutes 06/19/2008 CITY OF NEWPORT BEACH Planning Commission Minutes June 19, 2008 Regular Meeting - 6:30 p.m. Page 1 of 8 file: / /Y: \Users \PLN\Shared \Planning Commission \PC Minutes\mnd06192008.htm 07/18/2008 INDEX ROLL CALL Commissioners Eaton, Peotter, Cole, Hawkins, McDaniel, Toerge and Hillgren — Commissioner Peotter arrived at 6:45, all other Commissioners were present STAFF PRESENT: David Lepo, Planning Director Aaron Harp, Assistant City Attorney Tony Brine, Traffic Engineer Patrick Alford, Planning Manager Gregg Ramirez, Senior Planner James Campbell, Senior Planner Melinda Whelan, Associate Planner Russell Bunim, Assistant Planner Ginger Varin, Planning Commission Secretary and Administrative Assistant PUBLIC COMMENTS: PUBLIC COMMENTS Dolores Offing stated if people do not attend the public meeting, the only alternative they have is to go on -line or to the Planning Department and request copy of the minutes from staff. Action minutes only record the action taken. People in the community use these minutes as well as Council members. Having action minutes does not serve the public. Mr. Lepo noted this item will be on the next agenda. Chairman Hawkins then presented a plaque to retiring Commissioner, Jeff Cole, noting his service to the City since June 2003. ommissioner Cole thanked the City, staff and fellow Commissioners, noting some of the accomplishments he has had while on the Commission, such as the three Church projects, rehab home ordinances and the General Plan update. POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on June 13, 2008. HEARING ITEMS SUBJECT: MINUTES of the regular meeting of April 17, 2007. ITEM NO. 1 Motion was made by Commissioner Toerge and seconded by Commissioner Approved illgren to approve the minutes as amended. yes: Eaton, Cole, Hawkins, McDaniel, Toerge and Hillgren bstain: None bsent: Peotter file: / /Y: \Users \PLN\Shared \Planning Commission \PC Minutes\mnd06192008.htm 07/18/2008 Planning Commission Minutes 06/19/2008 Page 2 of 8 www OBJECT: MINUTES of the regular meeting of June 5, 2007. ITEM NO. 2 Chairman Hawkins noted responses are needed in the minutes to complete the Approved record by either the old minute style or a summary of the responses so that the responses are written down. Straw vote was taken that the old style minute should be done for these minutes. Motion was made by Commissioner Toerge and seconded by Commissioner Cole to continue this item to July 17, 2008. Ayes: Eaton, Cole, Hawkins, McDaniel, Toerge and Hillgren Abstain: None Absent: Peotter x x x OBJECT: Fury Rok & Rol Sushi Lounge (PA2005 -087) ITEM NO. 3 4221 Dolphin Striker Way PA2005 -087 Update on the revocation of Use Permit No. 3162 and Use Permit No. 2005 -018. Continued to 07/17/2008 Planning Director David Lepo noted that the City Attorney requests that the Planning Commission continue this item to July 17, 2008. Motion was made by Commissioner Hillgren and seconded by Commissioner Eaton to continue this item to July 17, 2008. Ayes: Eaton, Hawkins, McDaniel, Toerge and Hillgren Abstain: Cole Absent: Peotter xxx ITEM NO.4 UBJECT: Housing Element Update (PA2008 -078) PA2002 -167 Recommended for approval The Housing Element contains goals, polices and programs related to the development, maintenance and improvement of the City's housing stock. Additionally, it includes identification of the adopted Regional Housing Need Assessment (RHNA), housing opportunities and constraints with particular attention given to providing housing for people at all income levels. Senior Planner Gregg Ramirez gave an overview of the staff report. Linda Tatum of PBS & J, consultant working with staff in preparation of the Housing Element, noted the following: • The Housing Element is required by state law to provide decent and suitable living environment and is to be certified by the Housing and Community Development Department; • A policy- oriented document; primary components are to address special housing needs and identify constraints to housing particularly with affordable housing; • Two public workshops held on March 31, 2008; • HCD review period of sixty to ninety days following Planning Commission and City Council hearings; • This update includes an identification of potential housing where no previously allowed, updates in state law and in data; • Regional Housing Needs Assessment (RHNA) allocation must b demonstrated and identified; file: //Y: \Users \PLN\Shared\Planning Commission \PC Minutes\mnd06l92008.htm 07/18/2008 Planning Commission Minutes 06/19/2008 • Must identify sufficient sites as well as goals, policies and programs; • Changes to Housing Program 3.1.2 language regarding incentives requin by state law; • The City's inclusionary housing program does not need to be reviewed as constraint as determined by HCD; • City has received a letter from Culbertson, Adams & Associates regardir North Newport. I Ramirez confirmed that the Commissioners had received a copy of the from the Kennedy Commission that was received by staff late this afternoon. McDaniel noted his concern with the process of identification of the missioner Peotterjoined the meeting. missioner Hillgren noted his concern of the language of 3.1.2. man Hawkins proposed inserting, "...other incentives as maybe required law.: in 3.1.2: mmissioner Cole suggested keeping the original language and modify it after .grant a density bonus as required by state law, and may provide othi irman Hawkins noted his concern of conversion of rentals to the condominium conversion ordinance. Tatum noted there is a general assumption that ownership housing is m< sive than rental housing, so to the extent that the ordinance will restrict 1 rsion of units; in theory it will leave more affordable housing on the market. comment was opened. Fruchbom, Managing Member of the KDF Communities, a large affordal oper, noted he had been involved with the City in a survey to find practi to develop affordable housing. He discussed tax credit incentives; cost rehabilitation of existing units. Harrigan, concerned City is not in compliance with state regulations. is Matthews, asked that the City of Newport Beach monitor compliance of Irvine Company (Newport North Apartment Communities) for low income iy Lewis, noted this draft should address 144 more affordable homes for very low income housing, and questioned the small number used for the me listed in the tables. This draft plan has no commitment to compliance needs to be addressed. Schuberth, noted the annual income for residents in the City; no I :d for low income housing; and, senior affordable housing has ted in the City. equiel Gutierrez, attorney for Public Law Center, referenced his letter in supp the Kennedy Commission. He asked for a re -draft of the Housing Element Page 3 of 8 file : //Y: \Users\PLN\Shared\Planning Commission \PC Minutes \mnd06l92008.htm 07/18/2008 Planning Commission Minutes 06/19/2008 Page 4 of 8 include recommendations of the Kennedy Commission. He distributed a letter for inclusion in the administrative record. He noted the use of block grant monies and strategies for dealing with the homeless issue. Public comment was closed. Chairman Hawkins noted his concern of the past shortfalls and if there is a deficit, hat needs to be added to the current element. Assistant City Attorney Harp noted this is an issue that we will be addressing over he next few weeks. Mr. Ramirez added that Senate Bill 2 went into effect in January of this year and here are requirements that need to be met. Inventories of the potential housing sites are consistent with the approved General Plan with revised date provided in he staff report. Work is continuing on the inclusionary ordinance and density bonus ordinance. We are proceeding to update the Zone Code to be consistent ith the General Plan. Emergency shelters are allowed by right and are required by state law. Motion was made by Commissioner Cole and seconded by Commissioner Hillgren recommending approval of the draft of the Housing Element to the City Council with the change to language contained in 3.1.2 and include that stafl address the issues raised in the Kennedy Commission letter in their report to the Council Ayes: Eaton, Cole, Hawkins, McDaniel, Toerge and Hillgren Noes: None I Abstain: Peotter SUBJECT: Santa Barbara Condominiums (PA2004 -169) ITEM NO.5 900 Newport Center Drive PA2007 -133 Lennar Homes proposes to enter into a development agreement with the City o Continue to Newport Beach for the previously approved development of 79 residential 07/17/2008 condominiums on a 4.25 acre site presently developed with tennis courts operated by the adjacent Newport Beach Marriott Hotel. Planning Director Lepo noted the applicant has requested a continuation July 17, 2008. Motion was made by Commissioner Hillgren and seconded by Commissioner Eaton to continue this item to July 17, 2008. Ayes: Eaton, Hawkins, McDaniel, Toerge and Hillgren Abstain: Cole Absent: Peotter SUBJECT: Powers Residence (PA2007 -176) ITEM NO. 6 2223 Pacific Drive PA2008 -109 Modification Permit to exceed the three -foot height limitation in the front yard Continue to etback to allow for a vehicular -bridge driveway, for guard - railings associated with 07/17/2008 he vehicular -bridge driveway, and for walls located at the side property lines. Planning Director Lepo noted the applicant has requested a continuation July 17, file: //Y: \Users \PLN\Shared \Planning Commission \PC Minutes\mnd06l92008.htm 07/18/2008 Planning Comrission Minutes 06/19/2008 Page S of 8 2008, unless the Commission would like a special meeting on July 10, 2008. Toerge noted he has an excused absence for July 17, 2008. Lion was made by Commissioner Toerge and seconded by Chairman Hawl a meeting on July 10, 2008. Staff noted there are more subjects that can ed to this agenda as well. Following a brief discussion, this motion i n was made by Commissioner Hillgren and seconded by Com to continue this item to July 17. 2008. Ayes: Eaton, Hawkins, McDaniel, Toerge and Hillgren bstain: Cole bsent: I Peotter r: AERIE Project (PA2005 -196) PA2006 -196 201 -205 & 207 Carnation Avenue & 101 Bayside Place Recommended a Mitigated Negative Declaration and project approval, which is an 8-unill approval ium building located on the corner of Ocean Boulevard and Carnation or Planner James Campbell gave an overview of the staff report noting the lion of the docks to the project description and the need to revise the Mitigatec aration to accommodate that project change. There are proposed changes tc project that require a modification request for height limitation and side erty lines. Additionally, he noted changes to the proposed resolution. )ones to comments have been distributed tonight. Commission inquiry, Mr. Harp noted that the law does not require ponses to those comments. However, if you have specific questions it appropriate for staff to answer. nan Hawkins asked for staffs opinion on the Selman & Breitman comrr Staff answered that the requirements have been met and the Mitigal ive Declaration offers measures that are feasible and enforceable. The s and nature of the project being out of scale with the neighborhood is ported opinion stated by the author of the letter and does not present mal information. Kreitzer, City environmental consultant, noted his support of the nts regarding the letters received and responded to within the stuff my Brine, at Commission inquiry, noted that the vehicle driveway width to be 20 feet. Julian, applicant, noted that the need for the re- design of the tive Declaration and the plans. in Jeannette, project architect, made a PowerPoint presentation on t iification adjustments as noted by staff, the dock layout system and changes exterior to the building since the last City Council meeting on this project. missioner Eaton noted his concern of the lower level exit out of the file: //Y: \Users \PLMShared \Planning Commission \PC Minutes\mnd06l92008.htm 07/18/2008 Planning Commission Minutes 06/19/2008 >ement portion of the structure into the walkway down the pier as it appears below the 50.7 -foot contour line. Jeannette showed exhibit depicting the floor plans showing the exiting to t c areas, explained elevations and use of rock materials around the entrance. indy Mason of the URS Corporation explained the dock layout, wave action, mooring cans, eel grass, boat lengths and use of the boat slips. comment opened. lifer Friend, of Selman and Breitman, LLP representing Kathleen Mclnt Joe and Lisa Vallejo, referenced her letter sent to staff this afternoon. For rd, she noted the community absence in the audience does not reflect tl of resolve in opposition to this project. She then inquired if a letter fi Jra Genis had been received. Staff noted it had and was included in onse to comment. She went on to discuss their opposition letter. Vandersloot, representing SPON, noted their opposition to the project as it of scale, impacts to the coastal bluff and marine environment. He th ibuted copies of pictures of the project when it had been cleared of nati station and stated this should not be approved until that notice of violation h i corrected. Paone, land use counsel for the project, noted discrepancies in the Set Breitman letter, and affirmed that the Mitigated Negative Declan asses all the potential significant impacts. comment was closed. Jeannette, at Commission inquiry, stated they have read and agree to all as and conditions, including the 20 -foot driveway amendment. >ner Toerge made a suggested change to Condition 107, w the docks. The change should say moved to locations inside, add condition that the vehicular driveway be 20 feet wide. Jeannette accepted the suggested changes. r. Campbell noted a modification to Condition 4 to note additional garding orientation of door and driveway width. oner McDaniel noted that since the issue of building below is noted he is in favor of this project. )mmissioner Eaton noted it is okay to cut into the coastal bluff as long as astal face is not disturbed as provided by the CLUP in terms of aesthetics. ssible to approve a project that has sub -grade levels as long as the coastal protected in front of them. Hawkins noted the exit is an aesthetic issue that will be sheltered. Alon was made by Commissioner Peotter and seconded by Commissioner recommend adoption of the MND and approval of the project to the City Cc :h the following modifications: Page 6 of 8 file: //Y: \Users \PLN\Shared\Planning Commission \PC Minutes\rnnd06l92008.htrn 07/18/2008 Planning Commission Minutes 06/19/2008 Page 7 of 8 • Condition 27 - delete the sentence regarding the vehicle elevator system to return the elevator cars to street level when not in use; • Condition 40 - add project driveway must conform to the City's sigh distance standards 110 -L and maintain a minimum width of 26 feet. • Condition 107 - remove the term, "sheltered" and replace with, "moved to safe locations..." • Condition 124 - Require that the exit door be screened from the view from the harbor, specifically the northwest side of the building to minimize the view. Commissioner Toerge noted his concern that the Harbor Resources Commission should have reviewed this project prior to deliberation. The Planning Commission has heard this item twice and he has been in opposition to it. The information in his packet does not change his concern about the project. Ayes: Eaton, Peotter, Cole, Hawkins, McDaniel and Hillgren Noes: Toerge Absent: None OBJECT: General Plan Annual Progress Report including Housing Element ITEM NO. 8 Report (PA2007 -195) PA2007 -195 Ms. Melinda Whelan gave an overview of the staff report. Approved Mr. Lepo noted that there are no specific dates for the hearings by the Planning Commission and the City Council. hairman Hawkins noted inserting Fall 2008 for Planning Commission and City Council hearings in the third section on page 2. Motion by Commissioner Hillgren and seconded by Commissioner Eaton t approve staff recommendation. Ayes: Eaton, Peotter, Cole, Hawkins, McDaniel, Toerge and Hillgren Noes: None Absent: None ADDITIONAL BUSINESS: ADDITIONAL BUSINESS a. City Council Follow -up - Mr. Lepo reported that there was an appeal or 5515 River Avenue that was withdrawn, the City Council approved the project; the appeal of the Pavilion's Wine Tasting was continued until Jul 22, 2008. b. Planning Commission reports - Commissioner Toerge reported there is meeting on the Green Task force next Wednesday. c. Matters which a Planning Commissioner would like Staff to report on at a subsequent meeting - The Commission asked for the rules issue on minute to be brought back at the next meeting. file : //Y: \Users\PLN\Shared \Planning Commission \PC Minutes\nmd06l92008.htm 07/18/2008 Planning Commission Minutes 06/19/2008 d. Project status - none. e. Requests for excused absences - Commissioners Hillgren and excused from the meeting of July 17. ADJOURNMENT: 9:20 p.m. In memory of Earl McDaniel's brother Kennett roho passed away as well as Kevin Pryor, Newport Beach firefighter who also BRADLEY HILLGREN, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 8 of 8 file: //Y: \Users \PLN\Shared \Planning Commission \PC Minutes \nmd06l92008.htm 07/18/2008