HomeMy WebLinkAboutPC Minutes (2)CITY OF NEWPORT BEACH
• Planning Commission Minutes
January 23, 2003
Regular Meeting - 6:30 p.m.
•
•
ROLL CALL
Commissioners Toerge, Agajanian, McDaniel, Kiser, Gifford, Selich and Tucker -
All present.
STAFF PRESENT:
Sharon Wood, Assistant City Manager
Patricia L. Temple, Planning Director
Robin Clauson, Assistant City Attorney
Rich Edmonston, Transportation and Development Services Manager
Patrick Alford, Senior Planner
James Campbell, Senior Planner
Ginger Varin, Planning Commission Secretary
Minutes:
Motion was made by Commissioner McDaniel to approve the minutes of January 9.
2003 as revised.
Ayes: Toerge, Agajanian, McDaniel, Kiser, Selich, Gifford, Tucker
Noes: None
Public Comments:
Postina of the Agenda:
The Planning Commission agenda was posted on Friday. January 17, 2003.
Minutes
Approved
None
Posting of Agenda
• City of Newport Beach
Planning Commission Minutes
January 23, 2003
Review of Affordable Senior Housing Development at Lower
Elayview Landing(PA2002 -246)
An informational workshop to discuss a proposed 150 unit senior affordable
housing development at Back Bay Drive and Jamboree Road.
A presentation was made by Ms. Wood on the history of this project; visual
simulations were presented by staff as part of the environmental review as was
general information as requested. It was noted that this was not a public hearing
tonight, that will be scheduled for a later date. This is a study session, workshop as
this project is on a fast timeline due to the new State law that requires prevailing
wages be paid for the affordable housing project which would affect its
economic feasibility. There is an exception that lasts through this calendar year
and so this project will be moved as quickly as possible so that those deadlines
can be met. This meeting is to familiarize the Commission and the public prior to
the hearing on issues and concerns that need to be addressed. This item will be
brought for a formal public hearing and action will be taken.
Representing the developer and giving a presentation on the site plan and
proposed architecture of the project:
Mr. Gino Canori, Project Manager for the Related Companies
• David Smith, architect and planner from Tom Cox Architects
Commissioner Tucker asked why the site was being raised by 5 feet and was
answered that the build up of the road was a recommendation in the soils report.
Public comment was opened.
The following members of the public spoke in support of the project:
H. Ross Miller - Senior Housing Chairman and Advocacy Chairman of the Friends of
Oasis Senior Center and a member of the Board of Directors of Friends of the Oasis
noted low traffic from senior housing, van access and need for this project.
Val Skoro, 1601 Bayadere Terrace - noted the need to screen roof top equipment.
Jan Vandersloot - resident of Newport Heights, representing SPON as a committee
member noted archeology site, bluff top protection, coastal sage and gnat -
catcher habitat issues.
Alan Beek -SPON committee member noted the ideal site for senior housing
would have been the Bob Henry Park as it is near amenities needed by seniors
within close walking distance to services. This location is what you have to work
With.
Betty Kerr, 132 Villa Point Drive noted she is not opposed to the project but is
concerned with traffic and view impacts.
Walt Nutting, Villa Point resident asked about the location of the summer parking
from the special events that happen in the area.
• The following members of the public spoke in opposition to the project:
INDEX
PA2002 -246
Discussion Item
• City of Newport Beach
Planning Commission Minutes
January 23, 2003
Peter Ahern - Villa Point resident noted his concern of the loss of his view due to
the proposed elevations of the project as a significant financial impact.
Chairperson Kiser noted the following issues from the public discussion:
• Potential traffic impacts.
• Need to act quickly and move this along with the Coastal Commission.
• View Park being done in conjunction with the project.
• Concerns with the tops of the buildings and equipment that might be on
the roofs.
• Height of the base of the buildings, meaning that if the base is increased,
the tops may be higher than the proposed 35 feet from existing grade.
• Heard from representatives of SPON about wanting 4 acres of coastal
sage scrub in the park area. We are taking information on the senior
project itself only.
• The public hearing for this project is February 20th.
• Heard about the archeological site.
• Lack of a bluff top policy regarding views.
• Site not being proper for this particular use.
• Overflow parking for events that take place in the area.
• Only one person needs to be 55 in the unit.
• Public comment was closed.
Commissioner Toerge noted the following:
• This project is 150 units, of which 30 are two bedroom, that equates to 180
bedrooms.
• Parking is not adequate and is grossly under parked, especially with the
senior level designated at 55 years of age. People will be driving well
beyond that age.
• Lack of amenities close to the site suggests that people will be driving
more.
• Support idea of getting a better view for residents of the community to
Back Bay by lowering the grade.
• Concerned about a potential hotel in the Dunes and the views and noise
from the highway impacts.
• Use story poles for this project to understand view impacts.
Commissioner McDaniel noted:
• Concerned about visitor parking, this looks under parked.
• Concerned about the landscaping.
Ms. Wood noted the following in response to questions from the Commission:
• After 55 years, the affordability restrictions expire under current State law.
• The Use Permit will limit this project to senior affordable housing.
• Mr. Gino Canori, noted:
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• City of Newport Beach
Planning Commission Minutes
January 23, 2003
• No one
units under the age of 55.
Chairperson Kiser noted:
• Project should keep the foundation pad at the current height of the site.
• The equipment and looks of the roofs is a concern.
• This site is inferior compared to the site next to the library that is nearly
perfect for senior housing.
• Agrees with story pole request.
Commissioner Gifford noted:
• Concerned about the parking issue.
• Roof planes changed or solution where pads do not have to be built up
five feet to come up with less height.
• Not in favor of this site for senior housing.
• There is a desperate need for affordable senior housing and would like to
see a different site used than this one.
Commissioner Selich noted:
• This is not a good site for senior housing; there are other sites that are
suitable.
• Concerned about the building elevations and would like to site buildings
as low as possible.
• • Requests senior housing parking ratio information.
Commissioner Tucker noted:
• Not in favor of story poles, computer view simulations are much better.
SUBJECT: General Plan Initiation G12003 -001 (PA2003 -010)
Campus Drive
Request to initiate a General Plan Amendment to include self- storage facilities in
the range of permitted uses in the Campus Drive area of Statistical Area L4 (Airport
Area).
Ms. Temple noted the City Council policy regarding General Plan amendments, the
only guidance given to staff in terms of what is necessary, is some conceptual site
plan, so that Commission and Council can understand at least in context what the
proposal is. In this case, the applicant has chosen to include an elevation plan.
Staff clarified that the report for the actual hearing will give the Commission the
option to make this use site specific, which is what is being requested, but could
include a wider area that the Commission may wish to designate for this land use.
Commissioner Tucker noted that this item is for an initiation only. The applicant will
come back with a use permit application that will provide the City with specific
development plans to consider.
INDEX
Item 2
PA2003 -010
Recommended for
Initiation
• City of Newport Beach
Planning Commission Minutes
January 23, 2003
Motion was made by Commissioner Tucker to recommend that the City Council
approve General Plan Amendment Initiation No. 2003 -001.
Discussion followed on the visioning process, standards for permitted uses in the
Campus Drive area of Statistical Area L4 (airport area), General Plan Amendment
versus Zoning Code Amendment as means to implement this land use change
request, and site specific versus general area effect.
Public comment was opened.
Dan Perlmutter, DMP Properties noted the following:
• He owns the property. The building was erected in 1962 and has had only
one tenant.
• This land was designated MIA, light industrial; in 1995 the zoning was
changed to APF.
• The tenant has sold his business and the building has been vacated.
• The property is impacted by the airport.
• Have done studies for use on this properly for a shopping center, but as
there is no traffic, that is not a viable land use.
• There is a need for service retail and self storage.
• He then presented an aerial photograph of the location.
• Commissioner Tucker noted that the Commission has varied opinions of this use
and ability to control the looks and use. He added that this application may not
be approved when it comes back for a hearing.
Public comment was closed.
Chairperson Kiser noted that this needs to be looked at carefully as to whether this
should be site specific and if this process is not the right one, the City Council
should reconsider whether it's rezoning or some other process. To add the
designation to the General Plan in APF for one particular site to allow self storage
and then if the next project comes along for self storage, that we would be piece -
mealing self storage to APF one by one. It makes less sense to broaden this to all
of the APF General Plan area in the airport area, or broader than that.
Vote on the motion was called:
Ayes: Agajanian, McDaniel, Kiser, Gifford, Selich, Tucker
Noes: Toerge
SUBJECT: Zoning Code Amendment CA2002 -007 (PA2002 -218)
Landmark Buildings
Amendment to Title 20 of the Newport Beach Municipal Code to designate
INDEX
Item 3
PA2002 -218
• City of Newport Beach
Planning Commission Minutes
January 23, 2003
certain types of buildings as "Landmark Buildings" and modify restrictions on
nonconforming uses in Landmark Buildings.
Chairperson Kiser noted that this item had been initiated on November 7, 2002. A
public hearing was held on December 5, 2002. The Planning Commission
continued the hearing and advised staff to revise the language to clarify
provisions. He then noted correspondence from citizens that had been received
and distributed.
Commissioner Selich added:
• The Port Theater capacity is approximately 960.
• It has been represented that the theater has been used for charitable
events and presentations to keep its use active.
• If this ordinance were passed, they would have to come to the Planning
staff and provide evidence that is the case per specified criteria in the
Non - conforming Section of the Code.
Public comment was opened.
Dick Nichols noted the following in opposition to the Port Theater landmark
designation:
• Public notification of this hearing, in his opinion, was not enough.
• Community members are not in support of this Port Theater.
• The three venues being considered have different aspects.
• Port Theater should be considered at a later date.
• Parking is inadequate for the seating capacity of the Port Theater.
• There is an arcade ordinance that specifies minimum distances to
residents and schools. This facility is within 90 feet to residential and at
1000 feet to Harbor View School. They might not be able to have an
arcade in the Port Theater.
• Not enough alley access for trash dumpsters.
Chairperson Kiser noted that in the proposed amendment, the required off street
parking for all uses after the intensification, modification or expansion of the
buildings has to be less or equal to the required off street parking prior to the
modification, expansion or intensification required.
James "Walkie" Ray, 424 Angelita and part owner of the James Square Center at
2929 -2939 East Coast Highway noted his opposition to landmark status or
reinstatement of expired entitlements to the Port Theater:
• Concerned about the Port Theater being used in a manner to increase
intensity due to parking problems in the area.
• Does not want it to be developed as a nightclub.
Lauvena Heyton, resident of Corona del Mar, noted her support of the landmark
determination for the Port Theater stating it is historical as the original Lassie has
performed there as well as the Beatles; she has gone to church services there; is
• aware of complaints of previous speakers; many community members are in
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• City of Newport Beach
Planning Commission Minutes
January 23, 2003
support of something positive happening there; Corona del Mar deserves
something to be put there to enhance the community.
Val Skoro, 1601 Bayadere Terrace, noted that a preponderance of community
members are in support of doing something with the Port Theater to tie in with the
Visioning update of Corona del Mar. He asked that the Commission support this
amendment.
Bernie Svalstadt, representing the Corona del Mar Chamber of Commerce, spoke
in support of this amendment and asked that the Commission approve this
matter.
Public comment was closed.
Commissioner Selich noted his support of this amendment as the ordinance would
help these four buildings. These are existing uses with a parking requirement
associated with them. The amendment allows adaptive use and it requires that
they not be intensified beyond what is in place now. The idea is to keep the
original use of the building and have a supplemental use to keep them
economically viable and allow a property owner to make an investment and
upgrade the buildings. It does no good to have a building empty or go down in
value and quality. These buildings were built many years ago with stages and
• provide a sense of community to all. I would like to give some help to upgrading
and preserving them and not have any greater impact on the community than
they do in their existing nonconforming state. I just don't see what the down side
is on it. I am in favor of moving ahead with this.
Commissioner Tucker noted his support of this amendment noting:
• This came to us from the City Council and is more of a policy matter, which
should be decided by the Council.
• If the theater opened as a theater, people who object tonight would still
object, they don't want it to be anything.
• The prospect of flexibility to allow it to re -open is something they oppose
because they don't like the fact that it is in a residential area that grew up
over time and there was never any parking provided.
• This is not a good land use as it is an imposition but it has been an
imposition for many years.
Commissioner Toerge noted:
• There is a desire of the community at large for something to be done on
this site.
• The owner has the right to continue the use as a theater as long as they
can prove that it has continued in that manner.
• Hard to ignore the impact on the adjacent uses and nearby residents.
• Supports this amendment so that the Council can make the policy
decision.
• Commissioner Agajanian noted his support for reasons previously stated.
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. City of Newport Beach
Planning Commission Minutes
January 23, 2003
Commissioner McDaniel noted his support.
Commissioner Gifford noted her support on this matter on its merits particularly in
light of the City's efforts to promote the Newport Film Festival.
Chairperson Kiser noted his support of this d amendment and then read the
revised exception that, 'Any new uses associated with the change in operational
characteristics are accessory and remain subordinate and incidental to the main
use of the Landmark Building, and shall not occupy more than 25 percent of the
floor area of the building.'
Motion was made by Commissioner Selich to adopt Resolution No. 1586
recommending approval of Code Amendment 2002 -007 to the City Council.
Ayes: Toerge, Agajanian, McDaniel, Kiser, Gifford, Selich, Tucker
Noes: None
x *•
ADDITIONAL BUSINESS:
a)
City Council Follow -up- Ms. Wood noted that the City Council approved on
the first reading the Planned Community Amendment for Fashion Island
signs; called for review the use permit for Hottie's Pizza on January 23rd.
b)
Oral report from Planning Commission's representative to the Economic
Development Committee - Commissioner Selich reported that there was
no meeting.
C)
Report from Planning Commission's representatives to the General Plan
Update Committee - No meeting, but the subcommittee met to review all
of the elements to determine the extent to which any or all of them need
to be revised. Ms. Wood invited the Commission to a joint study session
with the Council at 4:30 on Tuesday the 28th to hear a presentation of the
results of the visioning process.
d)
Report from Planning Commission's representative to the Local Coastal
Plan Update Committee - none.
e)
Matters that a Planning Commissioner would like staff to report on at a
subsequent meeting - none.
f)
Matters that a Planning Commissioner may wish to place on a future
agenda for action and staff report - none.
g)
Status report on Planning Commission requests - none.
h)
Project status - none.
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INDEX
Additional Business
• City of Newport Beach
Planning Commission Minutes
January 23, 2003
Requests for excused absences - none. Ms. Temple noted that the meeting
of February 6th is to be cancelled as the continued item (McDonald's) has
provided additional information for presentation. A new public hearing
notice will be done when the applicant is ready to proceed
ADJOURNMENT: 9:00 P.M.
SHANT AGAJANIAN, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
0
INDEX
Adjournment