HomeMy WebLinkAboutDraft Minutes - 10/23/2008CITY OF NEWPORT BEACH
Planning Commission Minutes
DRAFT October 23, 2008
Regular Meeting - 6:30 p.m.
INDEX
ROLL CALL
Commissioners Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge, and
Hillgren— All Commissioners were present.
STAFF PRESENT:
David Lepo, Planning Director
Patrick Alford, Planning Manager
Aaron Harp, Assistant City Attorney
Tony Brine, Traffic Engineer
Jaime Murillo, Associate Planner
Ruby Garciamay, Planning Department Secretary
PUBLIC COMMENTS:
PUBLIC
COMMENTS
Mr. Bob Rush noted the forum on the settlement agreement for Sober Living
omes. He created videos of the debate forum and will distribute them to the
None
ommission.
POSTING OF THE AGENDA:
POSTING OF
THE AGENDA
The Planning Commission Agenda was posted on October 17, 2008.
HEARING ITEMS
OBJECT: MINUTES of the regular meeting of October 9, 2008.
ITEM NO. 1
Motion was made by Commissioner Hawkins and seconded by Commissioner
Approved
Unsworth to approve the minutes as written.
yes:
Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge and Hillgren
Noes:
None
bsent:
None
ITEM NO. 2
OBJECT: Hyatt Regency Newport Beach Expansion (PA 2005 -212)
PA2006 -212
1107 Jamboree Road
Continued to
Request to expand the existing Hyatt Regency Newport Beach hotel. The project
11/6/2008
ncludes the addition of 88 timeshare units, a new 800 -seat ballroom facility, a new
10,072- square -foot spa and fitness center, a new housekeeping and engineering
building, and a two -level parking garage. Project implementation requires the
emolition of 12 existing hotel rooms, the existing 3,190- square -foot Terrace
Ballroom, and the existing engineering and maintenance building, and removal o
he existing nine -hole golf course. The project will require the following approval
rom the City: 1) Parcel Map No. 2007 -003 to reconfigure two existing lots, to
place the timeshare units on one parcel and the hotel on the other, and to
stablish finished grades for the purposes of measuring height; 2) Use Permit No.
5-046 to allow the expansion of the existing hotel, the timeshare developme
to allow the proposed timeshare buildings and ballroom to exceed the 264
height limit; 3) Modification Permit No. 2007 -095 to allow commercial tand
ing and to allow an architectural tower and tower feature on the propos
oom to exceed the 35 -foot maximum height limit; and 4) Developm
;ement No. 2005 -002 between the City and the operator of the timesN
alopment relating to the amount of tax payable to the City for the right
ipancy of the timeshare units.
Lepo reported that the applicant has requested the project part of this item
:inued to the hearing of November 6th; however, it is recommended that
emission proceed with the hearing on the Environmental Impact Report.
nmissioner Eaton noted he had been advised to disclose that he had
event at the Hyatt on July 4, 2008, which was paid for by the a
sistant City Attorney Harp noted the dollar amount does not consist of a
interest.
Murillo, Associate Planner, gave a brief review of the project and
w of the staff report as it relates to the environmental review.
Commission inquiry, he noted that the topic area of recreation was determines
be less than significant and not addressed further in the Draft EIR because the
sole golf club is a commercial recreational facility for hotel use and the loss
es not constitute a significant impact Staff will meet with the consultant and the
camber of Commerce about the "draw" of the golf course for tourism.
nn Hadfield of the Planning Center and project manager of the EIR, added t
addressed the typical thresholds that are used and determined that
act would not create additional demand that would have adverse impacts
-ounding parks or recreational facilities in the City. The other opportunity
ping the EIR is the Notice of Preparation to agencies and the public, and
not receive any responses regarding this issue. The applicant also presen
there is a relatively low use of their golf course.
:e Newman of Government Solutions representing the applicants, noted tt
asked for a continuance to November 6th. She stated this project is
-manse with the General Plan, existing zoning, and was anticipated by
in November 2006 confirming 88 new hotel rooms/timeshares should
:d on this property.
Harp noted, at Commission inquiry, a development agreement is in progi
I should be completed in time for the November 6, 2008 meeting. A draft
made available for Commission review.
, nmissioner Unsworth noted his concerns: whether the economic impacts cou
a measure of the significance of the project under CEQA; the impact on publ
Ns and request for a modification; engineering -level reports on design lev
dies; the Construction Management Plan, and, the findings on the parcel me
i grading plans with regard to heights.
following information was in response to Commission inquiry:
. The $2 Million payment to the City for Marina Park improvements is one
the public benefits negotiated as part of the Development Agreement w
the applicant in exchange for the vested development rights to construct 1
project. This is not a mitigation measure and not a result of any identif
impact.
• The Development Agreement does not contain any mitigation measures.
• Mitigation Measure 11 -2 restricting construction traffic during peak hog
has been prescribed to reduce the impacts to a less than significant level.
• Information is pending on the number of new employees required for I
expansion.
• There is no criteria for golf course use, and "undeveloped" is the clos,
category.
• The trip generation rates are tailored to correspond to peak hour of tra
volume on adjacent streets, which may not correspond to trip generation
the site.
• Citation of 5 persons per vehicle was made in a parking study submitted
the project applicant, but was determined to be too aggressive. 1
prepared a new parking demand analysis based on rates published in Ul
Shared Parking Manual. Vehicle occupancy was not utilized to devel
parking rates in the Shared Parking Manual; however, if we do I
calculation it works out to approximately 2 -3 persons per vehicle.
• The General Plan analysis does not correspond to the analysis done for I
Hyatt. The main difference is that the Hyatt traffic analysis was conducl
based on existing volumes and applying a growth rate factor to arrive
2010 volumes. The General Plan analysis is based on projected mo,
volumes.
• The construction traffic analysis utilizes a different trip distribution than I
traffic analysis done for the project.
comment was opened.
I Mohachy - noted his concern about his views, the need for more
the use of view simulations.
Vandersloot - noted the concerns of a recreation analysis in the EIR; the
story poles; why a Coastal Development Permit is not part of the applic
I the buffer to the environmentally sensitive area is not sufficient.
Murphy - concerned about all the views.
Murphy - loss of views will have an economic impact on his property, and,
shares will impact traffic.
e Bordas - asked for clarification on whether the height limitations were based
natural or finished grades, concerned with lack of view simulations, golf course
ipen to the public, construction hours, and Coastal Commission approval for a
dification of the Coastal Land Use Plan.
Berube - parking building built along Jamboree Road will impact views.
Morris - concerned about noise, increased traffic, increased lighting, and
ly Mohachy - concerned with view obstructions and potential problems
parties, drinking, lighting and traffic.
art Rush - the Development Agreement is a relative aspect of this
disclosure is required of all who are involved.
Public comment was closed.
Mr. Lepo noted that City policy is that there is no protection of private views.
Commissioner McDaniel noted his concern of view rights, development agreement
and public input.
Motion was made by Commissioner Hawkins and seconded by Commissioner
Unsworth to continue this item to November 6, 2008.
Commissioner Toerge asked for passes to the gated community of Sea Island for
he Commissioners to use.
Ayes:
Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge and Hillgren
Noes:
None
ADDITIONAL BUSINESS:
ADDITIONAL
BUSINESS
a. City Council Follow -up - Mr. Lepo reported that at the last Council meeting
the appeal of the revised Sejour restaurant was heard and the decision o
the Planning Commission, with modifications, was upheld; a second
reading on the ban of Styrofoam cups; and, adopted revisions to the
Safety Element of the General Plan incorporating the Hazard Mitigatio
Plan.
b. Planning Commission reports. Commissioner Eaton reported the Genera
Plan update committee meets every week. Commissioner Hawkins note
the Economic Development meeting met and recommended to the Ci
Council that the outdoor dining incentives in connection to parking woul
be continued.
C. Announcements on matters that Commission members would like place
on a future agenda for discussion, action, or report. Commissioner Toerg
asked for a report of all the accessory outdoor dining permits and location
issued in the City since the ordinance was passed in 1991.
Requests for excused absences - none.
ADJOURNMENT: 8:15 p.m.
DJOURNMENT
BARRY EATON, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION