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HomeMy WebLinkAboutPC Minutes-11-17-2005Planning Commission Minutes 11/17/2005 • 4 4 Page 1 of 7 CITY OF NEWPORT BEACH Planning Commission Minutes November 17, 2005 Regular Meeting - 6:30 p.m. file: //H:\Plancomm\2005 \111705.htm 12/09/2005 INDEX ROLL CALL Commissioners Eaton, Hawkins, Cole, Toerge, Tucker, McDaniel and Henn - all present. STAFF PRESENT: Patricia L. Temple, Planning Director Aaron C. Harp, Assistant City Attorney Rich Edmonston, Transportation and Development Services Manager James Campbell, Senior Planner Ginger Varin, Planning Commission Executive Secretary PUBLIC COMMENTS: PUBLIC COMMENTS None OSTING OF THE AGENDA: POSTING OF THE AGENDA he Planning Commission Agenda was posted on November 11, 2005. CONSENT CALENDAR ITEM NO. 1 SUBJECT: MINUTES of the regular meeting of November 3, 2005. Minutes Motion was made by Commissioner Hawkins to approve the minutes as corrected. Approved Ayes: Eaton, Hawkins, Cole, Toerge, Tucker, McDaniel and Henn Noes: None Absent: None Abstain: None HEARING ITEMS SUBJECT: Carl & Barbara Mosen (PA2005 -136) ITEM NO.2 2811 Villa Way PA2005 -136 e Permit to allow a commercial drug and alcohol recovery center and a parking waiver of 5 Continued to paces associated with the existing use. 0111912006 Ms. Temple reported that the applicant has requested that this item be continued to Janua file: //H:\Plancomm\2005 \111705.htm 12/09/2005 Planning Commission Minutes 11/17/2005 Page 2 of 7 I19, 2006 as they are trying to find available parking in the are for their business to enter into an ff -site parking agreement. Motion was made by Chairperson Toerge to continue this item to January 19th. Ayes: Eaton, Hawkins, Cole, Toerge, Tucker, McDaniel and Henn Rp Noes: None Absent: None Abstain: None SUBJECT: Corporate Plaza West Phase II (PA2005 -042) ITEM NO. 3 1200 -1400 Newport Center Drive PA2005 -04 101 -1199 Newport Center Road Approved request by the Irvine Company for an amendment to the Fashion Island Planned Community District Regulations and the Corporate Plaza West Planned Community District Regulations to allow the transfer of 45,119 square feet of un -built retail commercial floor area from Fashion Island to Corporate Plaza West to facilitate the construction of a 42,012 square -foot, two story office building. A Traffic Study pursuant to the Traffic Phasing Ordinance is also required. iior Planner Campbell gave an overview of the staff report noting a Traffic Study had been pared to review the traffic impacts. A transfer of this nature is authorized by the General n without a General Plan amendment. An amendment to the Fashion Island Planned mmunity Text is necessary to implement this transfer and it will be reduced in square tage and the Corporate Plaza West Planned Community Text will be increased. There is no ulting adverse traffic impact due to this transfer. The transfer is consistent with the General n. Construction of an office building at the Corporate Plaza West location is consistent with current designation. He then noted changes to the resolution on page 3 of the ommendation action including the adoption of the Mitigated Negative Declaration and the igation Monitoring and Report Program conditions. The site plan has changed and will be dained by the applicant. The existing entitlement within Corporate Plaza West is allocated a ximum of 115,000 square feet of professional office use and would require approximate) 119 gross square feet of additional floor area from Fashion Island to construct the proposed ce building. It is the intent of the applicant to not transfer any more square footage the y really need to. These numbers will be re- verified prior to the Council meeting. ioner Hawkins asked if any public comments had been received on the Declaration? answered no. ioner Hawkins noted that the agenda for this item did not list review, mal ndations or hold a hearing on the environmental document. Does Counsel advise Commission going forward on this item? on Harp, Assistant City Attorney answered that the required CEQA notices w iropriately given. The question that has arisen is whether or not the description of this its the agenda complies with the requirements of the Brown Act, which generally requires �cription of the item. The agenda references the staff report which contains more in det at is going to be happening tonight; and I believe it does comply with the Brown Act. nissioner Eaton noted the revised resolution has no conditions attached to it now. Th report indicated a couple of things that should be addressed, particularly the Parking gement Plan. Do we have any assurances that will be done as there are no condition IMr. Campbell answered that the staff report has comments identifying the parking distribution file: //H:\Plancomm\2005 \1 11705.htm 12/09/2005 Planning Commission Minutes 11/17/2005 management. Staff did not believe that conditions were necessary; however, if nission chooses, a condition can be added. Staff feels the applicant can direct ng tenants to park appropriately to minimize any parking conflicts. followed on the parking management plan as a condition. It that the mitigation measures need to be listed as conditions of approval iissioner Tucker asked about the parking spaces for the tennis club and spaces are part, or in addition, of the provided parking? Staff noted the answer. discussion regarding entitlement with the potential economic impact of the loss Ail floor area for Fashion Island office ensued Temple noted that the Commission will need to find that this transfer meets nical criteria and the intent of the General Plan for Newport Center. Discus inued on converting retail floor area to office floor area Miller, representing The Irvine Company, noted the following: . They are requesting a Planned Community Development Amendment to the construction of approximately 42,000 square foot, two -story office that will complete the build -out of Corporate Plaza West. . Referencing a slide presentation, he indicated the location, surrounding uses, net footages, size of site area, and relationship to existing buildings. . The transfer is allowed under the General Plan as long as it is consistent, wh this is, and it will not result in adverse traffic impacts. . Through the implementation of the CIOSA Agreement we have 30,000 sque feet on lower Bayview that was temporarily put in Fashion Island with the intent go here as office. . We do not want to use the existing retail square footage that is left, our intent is to build out retail, so this is a pass- through for the 30,000 square feet fr Lower Bayview. To get this up to the kind of building similar to what is out th today, it gets up to 42,000. This 30,000 was put in temporarily by the City and to eventually get over here for this office. . In the new General Plan being discussed, we are asking for more square in retail and our goal is to build up Fashion Island as allowable. . The General Plan and the zoning remain the same. . Once the numbers are worked out it will be less than 45,000 square feet transfer. . We need a Coastal Development Permit through the Coastal Commission this application is approved by the City Council. . We are restricted to a height limitation of 32 feet. . There is no significant impact at the studied intersections and no mitigation Page 3 of 7 file: //H:\Plancomm\2005 \111705.htm 12/09/2005 Planning Commission Minutes 11/17/2005 Page 4 of 7 required per the traffic study. • We meet the City's parking requirements. The total spaces on this site with completion of this building will be 552. • • The architecture and landscaping will be the same as to what is there today. . We allow non - exclusive parking easements on Saturdays, Sundays and for the Balboa Bay Tennis Club. . We have reviewed the staff report and agree with all the findings and conditions. Commissioner Tucker asked about the 386 parking spaces with the proposed combined for a total of 552. The staff report notes that 119 spaces are shared the a private parking arrangement with the Balboa Bay Tennis Club. Additionally Irvine Company has the use of the parking lot and the Tennis Club has a non -excli easement for company spaces. Is any part of the 552 spaces on the tennis property pursuant to the easement? r. Miller answered it is on site, additionally we have reciprocal rights on indays, etc. imissioner Tucker asked if there are any other sites in Newport Center where ) anticipating you will want to transfer retail to? He then asked about the build ,acks along.Coast Highway. Miller answered no, this is a unique situation as the 30,000 at the Lower Bayview. . intent now is to focus the rest on retail and the updated General Plan will outline t our long -term plan for Fashion Island will be as it is our intent to bring another ar anchor tenant here. He answered that the proposed building is designed to be ated based on the location of the remaining vacant area. continued. 3irperson Toerge asked if there was any documentation to preserve open space lscape buffer with the Country Club? He then noted a letter received from t nding members of the country club that suggested a promised landscape buffer entry. Miller answered that he had not seen the letter; however, during pi fissions with the abutting property owner, all concerns had been worked out. missioner Tucker noted that the letter is from some Equity Committee membe has something to do as a private matter, not a land use matter, assuming it Mr. Miller answered this has never come up in the past discussions with management during the last month. Commissioner Hawkins asked for and received clarification on the reciprocal parking • arrangement. Do you have the ability to park on 119 of their spaces Monday through Friday? He noted his concern of the convenience of the spaces to the buildings. Did you discuss or consider the re- alignment of the building to allow for parking along file: //H:\Plancomm\2005 \111705.htm 12/09/2005 Planning Commission Minutes 11/17/2005 Highway? Miller answered yes, and they have on weekends and holidays the use of o ces. This has worked out fine and has not created any problems to date. Based c existing parking we meet all the City requirements and we felt this was the best v Id do. We have had no issues with the current buildings and we do not believe be a problem. ike Erickson, RBF consultant, noted: . There is a requirement of 161 spaces. Referring to the site plan, he noted immediate field around the proposed building at 126 spaces. e There are 188 spaces being added behind the buildings. e There will be a good proximity in the area with the orientation of the new building. He then noted the egress and ingress arrangements. r. Miller added that there is a future access provided for the O'Hill project, once it Henn asked for and received information about the retail build -out Island. iissioner Eaton asked if the Parking Management Plan was added as a the applicant accept that? r. Miller noted they had assumed that was a requirement. No matter what the of the document, they agree to everything. comment was opened. comment was closed. Hawkins noted the following corrections to the resolution: . Insert verbiage regarding, conducted a hearing in connection with Environmental document; change the word lasting to 'lasted' in the last Whereas paragraph; itinuing, he noted the mitigation measures 3 -1 through 3 -6 address the violation quality standards, although the Mitigated Negative Declaration in the discuss! udes the proposed project would not result in any impact or air quality. TI flicts with both the checklist as well as the title. He noted the section needs to sed and suggested striking any reference in Section 3b that says there are acts and recognize that there is the potential to create impacts; insert the mitigati asures that are listed as part of (a). was made by Chairperson Toerge to recommend the City Council apK Community Amendment No. 2005 -001 and Traffic Study No. 2005 -004 Page 5 of 7 file: //H:\Plancomm\2005 \111705.htm 12/09/2005 Planning Commission Minutes 11/17/2005 Page 6 of 7 he additions that the Parking Management Plan in the conditions, include the 1 mitigation measures contained in the Negative Declaration in the conditions of approval, that the changes recommended by Commissioner Hawkins including the conduct of the public hearing and the inclusion of the above language. • Commissioner Tucker noted the mitigation measures should be listed as condition that will become enforceable. He then noted a typo to be corrected. he maker of the motion a reed. Ayes: Eaton, Hawkins, Cole, Toerge, Tucker, McDaniel and Henn Noes: None Absent: None Abstain: None SUBJECT: Review of the General Plan Update Land Use Recommendations ITEM NO.4 Discuss goals and policies related to Land Use as part of the ongoing General Plan Update process and selection of Land Use Plan project description. The minutes for this item will be delivered at a future General Plan Update meeting. ADDITIONAL BUSINESS: ADDITIONAL BUSINESS City Council Follow -up - Ms. Temple noted at the last meeting they completed their. review of the draft goals and policies of the Recreation Element. b) Report from Planning Commission's representative to the Economic Developmen Committee - none due to the length of meeting time. c) Report from Planning Commission's representatives to the General Plan Update Committee — none due to the length of meeting time. Report from Planning Commission's representative to the Local Coastal Plan Certification Committee - none due to the length of meeting time. Matters which a Planning Commissioner would like staff to report on at subsequent meeting - none due to the length of meeting time. Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none due to the length of meeting time. Status Reports on Planning Commission requests - none due to the length o meeting time. Project status — Ms. Temple noted the Commission needed to pick up their copy o the Mitigated Negative Declaration for Mariner's Gateway. • i) Requests for excused absences - none. file : //H:\Plancomm\2005 \111705.htm 12/09/2005 Planning Commission Minutes 11/17/2005 Page 7 of 7 ADJOURNMENT: 9:35 p.m. 1ADJOURNME NT BARRY EATON, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION r� U P Il file: //H:\Plancomm\200511 1 1 705.htm 12/09/2005