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Home My WebLink About01_Draft Minutes_06-03-2010CITY OF NEWPORT BEACH Planning Commission Minutes June 3, 2010 Regular Meeting — 6:30 p.m. ROLL CALL SUBJECT: MINUTES of the regular meeting of April 22, 2010. Commissioners Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Motion was made by Commissioner Unsworth, seconded by Commissioner Hillgren — present Peotter, to approve the minutes as filed. STAFF PRESENT: Motion carried with the following vote: David Lepo, Planning Director Ayes: Patrick J. Alford, Planning Manager James Campbell, Principal Planner McDaniel Leonie Mulvihill, Assistant City Attorney SUBJECT: MINUTES of the Study Session of May 20, 2010. Gregg Ramirez, Senior Planner Motion was made by Commissioner Unsworth, seconded by Commissioner Melinda Whelan, Assistant Planner Peotter, to approve the minutes as filed. Gaylene Olson, Department Assistant POSTING OF THE AGENDA: The Planning Commission Agenda was posted on May 28, 2010. PUBLIC COMMENTS: None REQUEST FOR CONTINUANCES None CONSENT ITEMS SUBJECT: MINUTES of the regular meeting of April 22, 2010. ITEM NO. 1 Motion was made by Commissioner Unsworth, seconded by Commissioner Approved Peotter, to approve the minutes as filed. Motion carried with the following vote: Ayes: I Eaton, Unsworth, Peotter, Hawkins, Toerge, and Hillgren Abstained: McDaniel SUBJECT: MINUTES of the Study Session of May 20, 2010. ITEM NO. 2 Motion was made by Commissioner Unsworth, seconded by Commissioner Approved Peotter, to approve the minutes as filed. NEWPORT BEACH PLANNING COMMISSION MINUTES 06/03/2010 Motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren Noes: None SUBJECT: MINUTES of the regular meeting of May 20, 2010. ITEM NO. 3 Motion was made by Commissioner Hillgren, seconded by Commissioner Approved McDaniel, to approve the minutes as amended. Motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren Noes: None NEW BUSINESS SUBJECT: Review of Preliminary Fiscal Year 2010 -2011 Capital Improvemeni ITEM NO. 7 Program (PA2007 -131) PA2007 -131 An annual review of the Preliminary Fiscal Year 2010 -2011 Capital Approved Improvement Program (CIP) is required by the City Charter and State Statute to determine consistency with the General Plan and to make recommendations to the City Council concerning the proposed public works projects. Public comment was opened. Public comment was closed. Motion made by Commissioner Eaton, seconded by Commissioner Hillgren, after debate, finds the CIP projects are consistent with the policies of the General Plan, and to report this finding to the City Council. Motion carried with the fallowing vote: Ayes: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren Noes: None PUBLIC HEARING ITEMS SUBJECT: D.I.S.C. - (PA2010 -062) ITEM NOA 3501 Jamboree Road and 301 Bayview Circle PA2010 -062 An amendment to the Bayview Planned Community (PC -32) text to Approved add outpatient surgery and medical office as permitted uses and to add a parking requirement of 1/200 square feet for such uses. A traffic study has been prepared pursuant to the Traffic Phasing Page 2 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 06/03/2010 Ordinance for the proposed conversion of 38,759 square feet of existing general office space to an outpatient surgical center, including an imaging center, administrative offices, and a soft tissue physical therapy center. Melinda Whelan, Assistant Planner, presented the staff report with a slide show presentation. Public comment was opened. Comments were given by the following: Rick Wood, architect and applicant Lyle Brakob, 6 Baycrest Court Paul Anderson, KLR for AEW Capital Management Public comment was closed. Motion made by Commissioner Toerge, seconded by Commissioner Peotter, to adopt a resolution, after debate, as follows: Recommend City Council approve Planned Community Amendment PD2010 -004, and find that, based on the weight of the evidence in the administrative record, including Traffic Study No. TS2010 -002, the Project complies with the Traffic Phasing Ordinance. Motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren Noes: None Morningside Recovery (PA2010 -069) ITEM NO. 5 4823 A, 4823 B, 5015 A, 5015 B River Avenue, 112 39th Street, and PA2010 -069 29 Ima Loa Court Approved The application consists of a development agreement between Morningside Recovery and the City of Newport Beach that provides an entitlement for the operation of residential care facilities in the City, imposes limitations on Morningside Recovery's total number of clients in recovery for drug and alcohol abuse within the City, limits occupancy at its current facilities and within the Peninsula Zone, and places controls on the operation of these facilities. Chairperson Hawkins recused himself from this item due to a proximity conflict in owning a condominium within 500 feet of the 29 Ima Loa Court property. Vice Chairperson McDaniel assumed the duties of Chair over this portion of the meeting. Patrick Alford, Planning Manager, gave a brief overview of the staff report. Public comment was Page 3 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 06/03/2010 Comments were given by the following: Ronald Talmo, attorney for Morningside Recovery Robert Rush, resident Cindy Koller, West Newport David Diamond, 111 39`h St Mark Gonzales, Newport Crest Dennis Conway, 16 Ima Loa Ct Laura Curran, Corona del Mar Craig Batley, 120 31" St Denise Oberman, resident Ed Vanden Bossche, 121 40`h St Sharon Bolls, Newport Crest Jim Hillbert, Ima Loa Ct Joseph McDonald, 31 Ima Loa Ct Ron Van Winkle, 402 Columbia St Public comment was closed. Motion made by Commissioner Hillgren, seconded by Commissioner Peotter to adopt a resolution, after debate and amendments, as follows: Recommend City Council approve Development Agreement DA2010 -001 with the following revisions: 1. Restrict number of beds to number of clients plus one for staff. 2. Change occupancy limit from three (3) clients per bedroom to no more than two (2) clients per bedroom unless the size of the structure warrants a larger occupancy for any single bedroom. 3. Require relocation of 29 Ima Loa within a reasonable amount of time due to its location within a private condominium complex with private streets and shared common walls with private residences. 4. Expand compliance report template to conclude certification as to compliance with all operating conditions. 5. Require quarterly compliance reports. 6. Include additional remedies for non - compliance with terms of Development Agreement. Motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter, McDaniel, Toerge, and Hillgren Noes: None Abstained: Hawkins Vice Chairperson McDaniel recessed meeting at 9:37 p.m. Vice Chairperson McDaniel reconvened meeting at 9:44 p.m. and returned duties of Chair back to Chairperson Hawkins. Page 4of6 NEWPORT BEACH PLANNING COMMISSION MINUTES 06/03/2010 NEW BUSINESS 5 Year Employee Service pins were awarded to Chairperson Hawkins and ITEM NO. 8 Commissioner Eaton by Commissioner McDaniel. PUBLIC HEARING ITEMS SUBJECT: Zoning Code Update (PA2009 -034) ITEM NO.6 PA2009 -034 The City of Newport Beach is considering a comprehensive update of the Zoning Code for the purpose of implementing the 2006 update Continued to of the General Plan. The Zoning Code is a regulatory document that June 15, implements many General Plan polices related to land use and 2010 development. Jim Campbell, Principal Planner, made a presentation focusing on Part 2 of the Draft Zoning Code. Public comment was opened. Comments were given by the following: May Ranck, 156 Mesa Drive Carol McDermott, Government Solutions representing Newport Harbor Yacht Club Public comment was closed. Note: Text in (Italics) represents Planning Commission consensus on change(s) to Zoning Code text proposed at this meeting. At the conclusion of the final Planning Commission hearing on the Zoning Code, all such changes will be included for final recommendations by the Planning Commission. • Page 2 -12 for R -B 1- reduce minimum lot size to 2,375 square feet Motion made by Commissioner Toerge, seconded by Commissioner Peotter, after debate, to adjourn meeting and continue this item to Special Meeting on June 15, 2010. Motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren Noes: None Page 5 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 06/03/2010 NEW BUSINESS City Council Follow -up — meeting adjourned prior to consideration of this item ITEM NO. 9 Planning Commission reports — meeting adjourned prior to consideration of this ITEM NO. 10 item Announcements on matters that Commission members would like placed on a ITEM NO. 11 future agenda for discussion, action, or report. - meeting adjourned prior to consideration of this item Requests for excused absences — meeting adjourned prior to consideration of ITEM NO. 12 this item ADJOURNMENT: 11:06 p.m. CHARLES UNSWORTH, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 6 of 6