HomeMy WebLinkAbout1a - Additional Materials Draft MinutesProposed changes by Vice Chair Tucker Additional Materials
Item No. la
NEWPORT BEACH PLANNING COMMISSION MINUTES Draft Minutes 11/21/13 11/21/2013
Dec b r 19, 2013
cut, default setbacks, alternative setback determination requests tie applicant, rear and alley setbacks,
views, lot development standards, and recommendations.
In response to Vice Chair Tucker's inquiry regarding the setback along the alley, Ms. Nueno reported that the
required setback is five (5) feet but is presently nonconforming at zero, and that correspondence was
received indicating difficulty in making turns for personal and trash pickup vehicles. A five (5) foot setback
would allow for increased maneuverability in the area. She added that the existing bollardwh tR ova
mentioned in a correspondence letter is in the allevcn a separate property and that she will work with staff to
see if something can be done to move the bollard off public propert vabeut -it.
In reply to Chair Hillgren's questions regarding setback allowances if the lots were not merged, Ms. Nueno
indicated that the front setback would be eight (8) feet, the alley setback would be five (5) feet, and the side
setbacks would be three (3) feet. Additionally she addressed staffs recommendation regarding the 10 -foot
notch versus a 3 -foot notch and presented photos as examples of impacts to the view and discussed the
increased building articulation and open space that would result from the 10 -foot notch. She noted variations
in the lots in the area and commented on views from surrounding properties.
Chair Hillgren commented on the applicant's request to retain the curb cut and Ms. Nueno stated that it
exists. Removing the curb cut would increase available on- street parking and she noted applicable policies
of the General Plan, Coastal Land Use Plan, and the Council Policy Manual requiring the elimination of curb
cuts whenever feasible.
Chair Hillgren invited the applicant to address the Commission.
Bill Steele, Attorney for the Applicant, addressed the curb cut elimination and noted it is important to the
design and use of the property to retain the curb cut on 6t" Street. He added that the proposal is to move it
slightly to the north, which would provide one more on- street parking space. The subject property has a lot
of frontage on 6" Street and little frontage on the alley so a three (3) or four (4) car garage cannot be built off
the alley unless they provide tandem parking, which presents many challenges. He added that there is
plenty of square footage on the lot for four (4) covered parking spaces but one access way is needed from
the street. Mr. Steele referenced the policies and noted that the Commission has discretion to keep a curb
cut and that the policies encourage protecting existing parking spaces as well as gains in parking. He
addressed existing parking spaces, stated that the structure that will be demolished has no off - street parking,
and that the proposal will provide a net gain to the City of two on- street parking spaces.
Eric Moss, Architect, indicated that if the existing two -car garage is moved north into the merged lot, an
additional parking space would be gained and another by the demolition of the existing structure. He stated
that the proposal increases the feasibility of the project and commented on challenges with tandem parking
in alleys. In response to an inquiry from Chair Hillgren regarding the setback determination, he stated
preference for the 3 -foot notch.
Chair Hillgren opened public comments.
Sandy Davis, property owner, explained that the proposed modifications are to accommodate visits from her
large family.
Jim Mosher commented on the resolution and necessary approvals and wondered if the project will be
submitted to the Coastal Commission for their determination.
Paula Knight, neighbor, voiced support for the proposed project.
Chair Hillgren closed the public comments period.
Ms. Nueno stated that the project will be consistent with the Coastal Act and that a Coastal Development
Permit will be required for any new development.
In response to Chair Hillgren's inquiry regarding the curb cut, City Traffic Engineer Tony Brine reported that
presently, without a plan being submitted, staff is basing the matter according to Council Policy L -2, which
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NEWPORT BEACH PLANNING COMMISSION MINUTES 11/21/2013
indicates that the curb cut on 6`" Street would not be allowed. When a project comes through, a condition would
be included for the curb cut to be closed.
Assistant City Attorney Mulvihill stated that Council Policy L -2 provides a provision that application of the
policy is appealable to City Council.
Deputy Community Development Director Brenda Wisneski noted that the findings must demonstrate how the
project meets applicable policies. If the Commission were to allow the curb cut to remain that would need to be
reflected and the Planning Commission does not have the discretion to eliminate or allow for curb cuts to be in
place.
Vice Chair Tucker noted the request before the Commission does not involve+; -.,e-a - ^ Gvv4h a house,
but rather only involves a request to approvewith a lot merger. He added that there are conditions proposed
toexi the lot merger, and suggested approving the lot merger'.. He added that the applicant could come back to
the Planning Commission and seek to modify the conditions to the lot merger, specifically with respect to
allowing a curb cut, when they applicant presents a plan for a house so any relief granted from the condition
could be tied to an actual plan for a house.
Deputy Community Development Director Wisneski stated that the Commission does not have the authority to
override Council policies. However, the Commission may, based upan4hewhen a plan for a house is presented,
recommend a curb cut at athe specific location based upon that plan.
Discussion followed regarding whether the curb cut can be supported by staff. It was noted that the curb cut can
remain until the process continues; until there is a permit to build a home.
Motion made by Commissioner Brown and seconded by Commissioner Ameri and carried (5 — 2) to adopt a
resolution approving Lot Merger No. LM2013 -003 and Staff Approval No. SA2013 -011.
AYES: Ameri, Brown, Hillgren, Myers, and Tucker
NOES: None
ABSTENTIONS: None
ABSENT: Kramer and Lawler
ITEM NO. 3 MIRAMAR DRIVE CODE AMENDMENT (PA2013 -211)
Site Location: 2022, 2026, 2032, 2034, 2038, and 2042 Miramar Drive
Senior Planner Jaime Murillo presented a PowerPoint presentation and details of the report addressing the
proposed code amendment, an overview of the purpose and intent of the alley setbacks requirement for alleys,
existing encroachments and recommendations.
Chair Hillgren opened public comments.
Seeing no one wishing to address the Commission regarding this matter, Chair Hillgren closed the public
comments period.
Motion made by Commissioner Brown and seconded by Vice Chair Tucker and carried (5 — 2) to adopt a
resolution approving Code Amendment No. CA2013 -006.
AYES: Ameri, Brown, Hillgren, Myers, and Tucker
NOES: None
ABSTENTIONS: None
ABSENT: Kramer and Lawler
ITEM NO. 4 WIRELESS TELECOMMUNICATIONS FACILITIES ORDINANCE UPDATE (PA2012 -057)
Site Location: Citywide
Principal Planner Jim Campbell presented details of the report, prior study sessions, public input, additional
edits suggested by staff and Commissioner Tucker; and supplemental correspondence received from AT &T
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