HomeMy WebLinkAboutDraft Minutes_02/04/2010CITY 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 PlanneriI
Jaime Murillo, Associate Planner
Ruby Garciamay, Department Assistant
PUBLIC COMMENTS:
PUBLIC
111i
AV
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.
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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
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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
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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
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