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Home My WebLink About09/09/2010CITY OF NEWPORT BEACH Planning Commission Minutes September 9, 2010, 2010 Regular Meeting — 6:30 p.m. ROLL CALL Commissioners Eaton, Unsworth, Hawkins, Ameri, and Toerge - present Commissioners McDaniel and Hillgren excused STAFF PRESENT: James Campbell, Acting Planning Director Patrick Alford Planning Manager Leonie Mulvihill, Assistant City Attorney Tony Brine, City Traffic Engineer Jaime Murillo, Associate Planner Rosalinh Ung, Associate Planner Russell Bunim, Assistant Planner Ruby Garciamay, Department Assistant POSTING OF THE AGENDA: The Planning Commission Agenda was posted on September 2, 2010. PUBLIC COMMENTS: None REQUEST FOR CONTINUANCES: None CONSENT ITEMS SUBJECT: MINUTES of the regular meeting of August 19, 2010. ITEM NO. 1 Motion was made by Commissioner Eaton, seconded by Commissioner Approved Ameri, to approve the minutes as filed. Motion carried with the following vote: Ayes: Eaton, Unsworth, Ameri, and Toerge Abstained: Hawkins I Excused: McDaniel and Hill ren NEWPORT BEACH PLANNING COMMISSION MINUTES 09/09/2010 PUBLIC HEARING ITEMS SUBJECT: Hakone Japanese Restaurant- (PA2010 -084) ITEM NO. 2 211 Marine Avenue PA2010 -084 A use permit request to change an existing take -out restaurant to a Approved full - service, small -scale restaurant and to allow beer and wine service. Jaime Murillo, Associate Planner, gave a brief overview of the staff report. Public comment was opened. No comments were made. Public comment was closed. Commission discussion ensued. Motion made by Commissioner Toerge, seconded by Commissioner Eaton, to adopt a resolution, after debate, to approve Use Permit No. UP2010 -016 subject to the findings and conditions. Motion carried with the following vote: Ayes: Eaton, Unsworth, Ameri, and Toerge Noes: Hawkins I Excused: McDaniel and Hill ren SUBJECT: San Miguel Court Subdivision - (PA2010 -027) ITEM NO. 3 1691 San Miguel Drive PA2010 -027 The project includes a tract map subdivision and grade Approved determination for the development of four single -unit dwellings on a 0.75 -acre site. Russell Bunim, Principal Planner, gave a brief overview of the staff report. Jim Manning of Manning Homes, presented a slide show and made comments. Public comment was opened. No comments were made. Public comment was closed. Commission discussion ensued. Motion made by Commissioner Toerge, seconded by Commissioner Hawkins, to adopt a resolution, after debate and amendment, as follows: approving Tentative Tract Map No. NT2010 -001 (TTM No. 17355) including the determination that the finished grades shown on the tentative map would be used for the purpose of measuring structure height; modify Condition No. 3 by Page 2of5 NEWPORT BEACH PLANNING COMMISSION MINUTES 09/09/2010 replacing the words as depicted in Attachment No. PC 4 with as depicted in Exhibit B' and insert CEQA Class 32 Exemptions as Exhibit B; modify Condition No. 27 by replacing Parcel Map with "Tract Map ". modify Condition No. 9 by replacing the words will be with "shall be" in both sentences; modify Condition No. 12 by adding traffic controller and to read "designated employee traffic controller"; modify Condition No. 13 by adding "designated employee traffic controller"; modify Condition No. 13 by replacing will be and could be with "shall be "; add a new condition to the Construction Management Plan and Parking Management Plan requiring review and monitoring by the Planning Director and to allow revisions to plans, as needed. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, Ameri, and Toerge Noes: None Excused: McDaniel and Hillaren Airport Business Area Integrated Conceptual Development Plan ITEM NO. 4 (PA2007 -170 & PA2008 -063) PA2007 -170 An integrated conceptual development plan (ICDP) associated with PA2008 -063 a portion of the Airport Area that is generally bounded by MacArthur Blvd, Jamboree Road and Birch Street. This ICDP is required by Approved General Plan Policy - LU 6.15.11 prior to the development of residential land uses in this portion of the Airport Area. Sharon Wood, Special Projects Consultant, gave a brief overview of the staff report with a slide show presentation. Geoff Le Plastrier, on behalf of Conexant, and Scott Meserve of The Koll Company made comments. Carol McDermott of Government Solutions, representing applicant, presented a slide show and made comments. Public comment was opened. Comments were given by the following: Brian Adams, on behalf of properties owners of 5100 through 5160 Birch Street Bryan Bentrott, property owner of 4200 Von Karman Avenue Tom Muller of Manatt Phelps Phillips, representing Conexant John Adams, of John S. Adams & Associates, Inc. Rick Aiken, architect on behalf of The Koll Company Public comment was closed. Commission discussion ensued. Motion made by Commissioner Ameri, seconded by Commissioner Eaton, to adopt revised resolution, after debate and amendment, as follows: recommending the City Council approve the Airport Business Area Integrated Conceptual Development Plan (Development Plan Nos. DP 2007 -002 & 2008- 003): modifv Section 4 by insertina the following lanauaae to the end of Page 3 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 09/09/2010 paragraph one to read: The Commission's recommendation includes the addition of the following language to the Implementation section of the Integrated Conceptual Development Plan: • Regulatory Plans must be in substantial compliance with the intent of the Integrated Conceptual Development Plan, particularly in terms of the number of additive residential units, and the connectivity between the Koll and Conexant residential villages, and must maintain a north -south roadway access to Birch Street (east of Koll's access to Birch) as shown in the Integrated Conceptual Development Plan. • In addition, a Development Agreement is called for in the General Plan, and will apply to all residential units in the ICDP area (between the property owner and the City) for all projects that include residential units, to "define the improvements and public benefits to be provided by the developer in exchange for the City's commitment for the number, density, the location of the housing units" (LU6.15.12). The Development Agreement will include performance provisions to ensure conformance with the commitments that have been made. It will also establish a time frame for meeting the performance provisions, as well as the phasing and linkage requirements of open space and infrastructure improvements." Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, Ameri, and Toerge Noes: None I Excused: McDaniel and Hill ren NEW BUSINESS None STAFF AND COMMISSIONER ITEMS City Council Follow -up — James Campbell gave a report on City Council meeting. ITEM NO. 5 Commissioner Eaton noted that five of the six Planning Commission recommendations for the Morningside Recovery agreements were approved. Planning Commission reports — None ITEM NO. 6 Announcements on matters that Commission members would like placed on a ITEM NO. 7 future agenda for discussion, action, or report. — Commissioner Hawkins reminded staff of the Commissions earlier request in the Spring of 2010 regarding the solar panel regulations, specifically along Bayside Drive. Mr. Campbell informed the Commission that a draft staff report is being reviewed by the City Attorney's office and staff anticipates to present the report to the City Council Study Session in October 2010. Jim Campbell announced the Planning Commission meeting of September 23, 2010 was cancelled. Next regular scheduled meeting will be on October 7, 2010. Requests for excused absences — None ITEM NO. 8 Page 4 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 09/09/2010 ADJOURNMENT: 9:47 p.m. MICHAEL TOERGE, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 5 of 5