The URL can be used to link to this page

Home My WebLink About02/04/2010CITY OF NEWPORT BEACH Planning Commission Minutes February 4, 2010 Regular Meeting - 6:30 p.m. ROLL CALL Commissioners Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren - all present. STAFF PRESENT: David Lepo, Planning Director Patrick Alford, Planning Manager Leonie Mulvihill, Assistant City Attorney Tony Brine, City Traffic Engineer Makana Nova, Assistant Planner Jaime Murillo, Associate Planner Ruby Garciamay, Department Assistant PUBLIC COMMENTS: PUBLIC COMMENTS None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on January 28, 2010. HEARING ITEMS ITEM NO. 1 SUBJECT: MINUTES of the regular meeting of January 21, 2010. No Action Staff recommended that no action be taken on the minutes. Revised minutes Taken to be presented at the next Planning Commission meeting. Ayes: None Noes: None Abstain: None SUBJECT: Moriarty Parcel Map Appeal (PA2008 -207) ITEM NO. 2 2128 Mesa Drive PA2008 -207 The application consists of a parcel map to consolidate existing portions of Denied lots and parcels into a single parcel of land for single unit development. The application was approved with conditions by the Zoning Administrator. The applicant, Richard Moriarty, has appealed the decision of the Zoning Administrator to the Planning Commission and requests relief from conditions of approval relating to Coastal Commission approval and the ingress /egress access easement. NEWPORT BEACH PLANNING COMMISSION MINUTES 02/04/2010 Makana Nova, Assistant Planner, presented the staff report. Public comment was opened. Applicant was not present for representation. No Comments were made. Public comment was closed. Motion made by Commissioner Unsworth, seconded by Commissioner Hillgren, to adopt a resolution as follows: Deny the appeal and uphold and affirm the decision of the Zoning Administrator and approve Parcel Map No. NP2008 -024. Substitute motion made by Commissioner Peotter, seconded by Commissioner Toerge, to continue item to April 8, 2010. Substitute motion failed with the following vote: Noes: Eaton, Unsworth, Hawkins, McDaniel and Hillgren and Ayes: Peotter and Toerge Amended motion made by Commissioner Unsworth, seconded by Commissioner Hillgren, to adopt a resolution, after debate and amendment, as follows: Deny the appeal and uphold and affirm the decision of the Zoning Administrator and approve Parcel Map No. NP2008 -024; and to insert the word "revised" before the word "conditions" in the title of the resolution to read as follows "approving Parcel Map No. NP2008 -024 with revised conditions ". Amended motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Toerge and Hillgren Noes: Peotter Abstain: None SUBJECT: Old Newport Boulevard General Plan Amendment (PA2008 -047) ITEM NO. 3 328, 332, and 340 Old Newport Boulevard PA2008 -207 The application consists of: Approved 1. An amendment to the Land Use Element of the General Plan to increase the allowable FAR from 0.5 to 1.0 for the project site. 2. A modification permit to allow the proposed subterranean parking area to encroach 3 feet into the 5 -foot rear yard setback. 3. A seven space off - street parking credit for the creation of seven on -stree parking spaces along the project frontage. 4. A use permit to allow an elevator and stairwell enclosure to exceed the 32 -foot base height limit. 5. A traffic study pursuant to the City's Traffic Phasing Ordinance. Page 2 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 02/04/2010 Jaime Murillo, Associate Planner, presented the staff report. Public comment was opened. Emanuel Shaoulian, applicant and owner, Mike Swain, architect and Bill Holman, consultant, presented a slide show and made comments. Comments in support, opposition and of concern were given by the following: • Mark Wilson, 325 Old Newport Boulevard • Brion Jeannet, 470 Old Newport Boulevard • Jay Vanderwal, neighboring resident • Don Krotee, President of Newport Heights Improvement Association Public comment was closed. Motion made by Commissioner Toerge, seconded by Commissioner Peotter, to adopt a resolution, after debate and amendment, as follows: City Council adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program; find that, based on the weight of the evidence in the administrative record, including Traffic Study No. TS2009 -002, that the Project complies with the Traffic Phasing Ordinance; approve General Plan Amendment No. GP2008 -001 with a FAR of 1.0; approve Modification Permit No. MD2009 -016, and the requested off - street parking credit of four spaces; approve Use Permit No. UP2009 -005 with the requirement to minimize the bulk of the architectural appurtenance of the elevator and stairway feature; delete Condition No. 4; modify Condition No. 22 to read "The final project design shall include an internal lighting system that would auto -dim after standard work hours, leaving small task lighting for janitorial and service activities and to light the areas where employees may be working late ", modify Condition No. 37 to read "The five -foot rear yard (alley) setback shall be landscaped with a combination of groundcover, shrubs, and vertical plantings to enhance the aesthetics of the alley elevation and to minimize the visual bulk and mass of the structure. The final landscape plan shall be subject to the review and approval by the Public Works Department to ensure the landscaping will not negatively impact vehicular circulation through the alley right -of -way': Motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter, Hawkins, Toerge, and Hillgren Noes: McDaniel Abstain: None SUBJECT: Balboa Center Renovation (PA2009 -153) ITEM NO. 4 3101 -3121 Newport Boulevard and 3100 -3138 Balboa Boulevard PA2008 -207 The application consists of two use permits and a parcel map associated with Approved the renovation and expansion of an existing retail shopping center. The parcel map would allow the merger of six existing parcels into one parcel for redevelopment. One use permit would allow portions of a new fa ade to Page 3 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 02/04/2010 exceed the 26 -foot base height limit by four feet and another would allow the waiver of five required off - street parking spaces through the approval of a parking management program. Makana Nova, Assistant Planner, presented the staff report. Public comment opened. Sean Whiskeman, V.P. Retail Operations for Catellus Development Group, presented a slide show and made comments. Comments in support, opposition and of concern were given by the following: • Drew Wetherholt, resident on 301h Street • Joe Reiss, resident on 30th Street • George Schroeder, Newport Beach resident • Brenda Martin, resident on 301h Street • Howard Minnick, neighboring resident Jim Dietze, architect, Joe Foust, Austin -Foust Associates, representing the applicant and Sean Whiskeman of Catellus made further comments. Public comment was closed. Motion made by Commissioner Teorge, seconded by Commissioner McDaniel, to continue item for 30 days to March 4, 2010, for the consideration of the use permits and parking waiver. Substitute motion made by Commissioner Peotter, seconded by Commissioner Eaton, to adopt a resolution, after debate and amendment, as follows: Approve Use Permit No. UP2009 -037, UP2010 -002, and Parcel Map No. NP2009 -013; modify Condition No. 11 by inserting a sentence at the end of the condition to read "Cut -off fixtures are required at the perimeter of the subject property.'; modify Condition No. 24 by inserting a sentence at the end of condition to read "The subject property shall comply with the approved Parking Management Program, dated 01122110, and the amendment to the Parking Management Program shall be subject to the approval of the Planning Director.'; modify Condition No. 30 to read "Delivery vehicles that access the rear loading dock shall be required to enter and exit at the rear of subject property on 30'h Street via Newport Boulevard. Delivery vehicle access to and from the subject property from Balboa Boulevard via 301h Street shall be prohibited. The applicant shall reconfigure the rear access to the subject property along 30`h street to a single driveway not to exceed 60 feet in width to the satisfaction of the traffic division of the Public Works Department without a loss of off -site parking. "; modify Condition No. 31 to read "Delivery vehicle operators shall be required to limit truck engine idling to a maximum of five consecutive minutes.' modify Condition No. 32 by inserting a sentence at the end of the condition to read "All barriers shall be skateboard proof. "; add a new condition, numbered as Condition No. 35 to read "Access shall be prohibited at all times in the 5 -foot area between the south fence and the southwest proposed addition.'; modify forth sentence of Condition No. 37 by Page 4 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 02/04/2010 property' and to read "Fire sprinklers shall be optional for the east tenant shops.' and amend Condition No. 4 of the Parking Management Plan by modifying the last sentence to read "However, the number and working hours of the security guards will be set, subject to Planning Director approval ". Substitute motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter and Hawkins Noes: McDaniel, Toerge, and Hillgren Abstain: None NEW BUSINESS: City Council Follow -up — None Planning Commission reports — None Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report — None Requests for excused absences — None. ADJOURNMENT: 11:03 p.m. CHARLES UNSWORTH, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 5 of 5