HomeMy WebLinkAbout05/08/2014 - Planning Commission Study SessionNEWPORT BEACH PLANNING COMMISSION STUDY SESSION MINUTES 5/8/14
CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES
Council Chambers —100 Civic Center Drive
Thursday, May 8, 2014
STUDY SESSION
4:00 p.m.
A. ROLL CALL
PRESENT: Brown, Hillgren, Kramer, Lawler, Myers, and Tucker
ABSENT: Ameri (Excused), Brown (Excused, Arrived 5:10 p.m.)
Staff Present: Kimberly Brandt, Community Development Director; Brenda Wisneski, Deputy Director,
Community Development; Michael Torres, Assistant City Attorney; Tony Brine, City Traffic Engineer; Brittany
Ramirez, Administrative Technician; and Marlene Burns, Administrative Support Specialist
B. CURRENT BUSINESS
ITEM NO. 1 LAND USE ELEMENT AMENDMENT (PA2013 -098)
Site Location: City -wide
Chair Hillgren introduced the item and addressed the purpose of the meeting. He reported that a public hearing
will be conducted at the Planning Commission's first meeting in June. He stated that today, the Planning
Commission will review policy issues and that environmental documents will be reviewed at the next meeting. He
asked that staff address why the General Plan is being updated at this time, why specific properties have been
identified and what that means for properties that have not been identified, the public's role, the Planning
Commission's role and next steps. He requested a report from staff.
Deputy Community Development Director Brenda Wisneski introduced the item and reported the amendment
was introduced by Council one (1) year ago. Council appointed a Land Use Element Committee which was
comprised to two (2) Council Members, Planning Commission Vice Chair Tucker and Commissioner Kramer as
well as five (5) at -large members. The Committee has concluded its review and has forwarded their
recommendations to the Planning Commission. She addressed the process at this time, future study sessions
and the public hearing scheduled for June 5, 2014. She added that Council will consider the matter at its first
meeting in July and the matter will be placed on the November ballot. She introduced Woodie Tescher, from
PlaceWorks for a presentation and noted that questions previously asked by Chair Hillgren are included in his
presentation.
Mr. Tescher provided a presentation addressing the overall schedule for considering the item, the Planning
Commission's role, background, reasons for reviewing and updating the General Plan, changes made, principles
guiding the General Plan, areas considered, specific areas in which land use development capacities and
designations will change, development opportunities for specific sites, the nature of the policy revisions,
categories of policy revisions and recommendations. He addressed the General Plan Glossary as well as
Implementation Programs and next steps.
Vice Chair Tucker referenced State laws that impact the City's planning effort noting that a lot of what is being
done is driven by what is required. He addressed the Housing Element and its purpose as well as more recently
enacted Land Use Policies related to sustainability and greenhouse gas emissions noting that they are not
optional, but requirements. Vice Chair Tucker explained that under Housing Law, the City is required to accept
its share of population growth by providing housing for all segments of the market and under the sustainability
and greenhouse gas emission laws jobs and housing should be encouraged to be in the same location in order
to get people out of their cars and into different modes of transportation that reduce greenhouse gases. The
most logical place to achieve those state mandates appears to be Newport Center hence the focus on that area
in the proposed general plan update.
Commissioner Myers commented on properties that were not identified and asked regarding opportunities for
greater development of same.
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NEWPORT BEACH PLANNING COMMISSION STUDY SESSION MINUTES 5/8/14
Mr. Tescher reported that the properties that were identified by the Committee where those that had been vetted
and discussed initially by the Committee where there was opportunity for change.
Vice Chair Tucker commented on changes to the 2006 land use element that were red lined and noted it was a
result of the Committee's review where it focused on the land use element text as well as policies.
Chair Hillgren commented on capacity in terms of square footage as well as capacity that drives traffic and asked
regarding the threshold. Mr. Tescher reported that the Committee suggested they be studied as they exceed the
current limits. The numbers were then addressed through the traffic modeling process. Consideration was
given to the cumulative results of the traffic and the Committee recommended including it.
In response to Chair Hillgren's inquiry, Mr. Tescher addressed volume and reported that all the traffic modeling
recognizes differences among uses. In terms of including Harbor Day, Mr. Tescher reported that it is included as
the additional space could accommodate additional students. Additional square footage was translated into
additional students, which was then translated into additional trips.
Vice Chair Tucker reported that the Committee spent a lot of time reviewing the policies and commented on the
inclusion of required legal aspects. The update is tied to a ballot timeline and the Committee took time to vet
through the policy changes. He reiterated that what is before the Commission is a red lined version of the pro-
posed changes from the 2006 General Plan and that he had re -read through the Land Use Element once again
and distributed additional cleanup items he noted. He stated that the Land Use Element will be reviewed page -
by -page tonight.
Deputy Community Development Director Wisneski reported that the Commission will not take action tonight and
staff is looking for the Commission's concurrence that the changes being made will be included into a document
that the Commission will consider at the June 5th public hearing.
Discussion followed regarding the process to be followed at this time.
Chair Hillgren commented on the concept of climate change and related State mandates. He stated that the
ability to effect climate change is still in question and asked regarding best practices that should be applied to
development.
Mr. Tescher reported that most of the policies related to climate change are already included in the 2006 General
Plan. The City has already adopted practices to reduce energy and water consumption which will reduce
greenhouse gasses by the adoption of the California Green Code. The terminology related to climate change is
partially a statement that the City recognizes the concern as well as recognition that cities that have not done this
have been sued. By adding the new policies there is no radical departure of the practices that the City is already
following. Areas that help reduce greenhouse gasses are also areas that help in the healthy community and
sustainability aspects.
Chair Hillgren stated he believes that great development can have a great impact on the environment but stated
he is concerned in terms of a practical point of view in applying the policies and standards to specific projects.
Discussion followed regarding reducing greenhouse gasses through development and building in conformance
with current building codes.
Chair Hillgren commented on the role and character of the City as a unique and residential community and
asked whether that was the consensus of the Committee as he sees the City as a balanced mix of residences
and businesses as well as visitor - serving and recreational.
Vice Chair Tucker stated this was language out of the 2006 General Plan, slightly modified. The Committee did
not feel that anything had changed significantly in this regard since 2006.
Chair Hillgren reiterated that the City is a balance and stated that the goal should be maintaining the quality of
the residential life in the City.
Regarding page 7 relative to Banning Ranch, Chair Hillgren asked for clarification regarding the goal and action.
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Vice Chair Tucker reported that Banning Ranch is currently in litigation and that the general consensus was to
leave that section the way it is. Upon resolution of the litigation, the language will be reviewed to see if it needs
to be changed. He added that these are policies that are not covered by the Greenlight Initiative which deals
with development intensity rather than general plan policies.
Discussion followed regarding clarification relative to incorporating a "whole system approach ", the possibility of
adding it to the glossary, clarification of "embodied energy' and adding it as well as "heat island effect" to the
glossary.
Ensuing discussion pertained to implementing practices, the concept of transfer of development allocation
(development rights) and conditions under which allocation can be transferred.
Commissioner Brown arrived at this juncture (5:10 p.m.).
Vice Chair Tucker asked about multi - family building elevations and ways in which they are implemented.
Regarding the Hoag Hospital Campus, Chair Hillgren assumed that Hoag has participated in conversations with
the Committee and suggested changing "adequate" to "excellent" when referring to their facilities.
Vice Chair Tucker stated it is sufficient to meet their needs and the statement does not comment on the quality of
the facilities.
Mr. Tescher suggested using the word, "sufficient" in place of "adequate ".
Chair Hillgren commented on the strikeouts of public and institutional uses and districts and requested
clarification.
Mr. Tescher reported that the text was moved to another section in the document.
Vice Chair Tucker highlighted his comment regarding gated communities.
Mr. Tescher reported that the matter was discussed extensively by Council in 2006 and that Council felt it was
important to include.
Discussion followed regarding the visioning process from 2005, the Hoag medical facilities, sustainability,
pedestrian connectivity and amenity, opportunities around Fashion Island and Newport Center and encouraging
versus requiring connectivity and walkability.
Chair Hillgren suggested changing the language on Policy 7.13.6 adding language that it is required, where
feasible rather than "encourage ".
Community Development Deputy Director Wisneski commented on a change that staff recognized that was
made by the Committee relative to Policy 7.13.4 noting that the last sentence should state, "Enable distinguished
and quality architectural and site design to allow increased height for development of a hotel on the eastern
portion of the 100 block ".
Vice Chair Tucker assumed that his changes will be implemented and referenced Policy 7.13.8 relative to
development agreements and public benefit fees. He brought to the public's attention that a big part of the
OASIS Senior Center ($10,000,000 or so) was paid for by development agreements negotiated with The Irvine
Company in relation to Newport Center. As additional entitlement comes into Newport Center, he recommends
that development agreements be part of the arrangement. He suggested modifying this clause accordingly and
referenced the updated anomaly table in the General Plan which the Commission has not seen yet.
Chair Hillgren commented on updating the increased capacity schedules and clarified that Vice Chair Tucker
suggested that wherever there is increased capacity that development agreements apply.
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NEWPORT BEACH PLANNING COMMISSION STUDY SESSION MINUTES 5/8/14
Chair Tucker noted it will be most of the entitlements in Newport Center. Similar language will be added for the
Airport area.
Discussion followed regarding Policy 7.14.5 relative to leaving the 2,200 Uptown Newport units and the concept
plan. Vice Chair Tucker wondered if the unit numbers needed to be updated in the Policies because of the
Shopoff project.
Mr. Tescher noted the need to clarify the meaning of new versus total development. He added the need to look
at the number, based on what is going to occur in terms of land uses for that area.
Community Development Director Kimberly Brandt clarified that the General Plan speaks to the maximum
number of units that are allowed in the Airport area including both replacement and added units. The Shopoff
property is consistent with the General Plan maximum and Ms. Brandt stated she does not believe it is
necessary to amend that policy as it relates to existing General Plan designations in the area.
Chair Hillgren commented on mixed -used villages containing a minimum of ten (10) acres and wondered if that
is the right minimum size in density.
Vice Chair Tucker addressed the concept in 2006 and Mr. Tescher noted it is the same language used within the
Housing Element.
Ms. Brandt reported that the two (2) policies work together and that a minimum was established in 2006 but an
exception was granted for properties that included a significant amount of affordable housing that could be
reduced to a minimum of five (5) acres.
Chair Hillgren asked regarding integration of Uptown Newport into the Newport Mesa School District and Vice
Chair Tucker noted there is no way to include anything in the General Plan that changes the boundaries of the
Santa Ana School District in the airport area as the City has no jurisdiction. He added that School Districts alone
decide school issues within their boundaries.
Vice Chair Tucker reported on the need to require development agreements for projects in the Airport area and
noted that additional discussions will be had on this matter.
Discussion followed regarding relationships of buildings to streets, Old Newport, Mariners Mile identified as a
series of districts, opportunities to create distinct areas and the need for further studies regarding Mariners Mile.
Vice Chair Tucker stated he would like to see all of the changes made by the Committee, and by him so that the
red line version for the next meeting will only include changes discussed tonight.
Discussion on this matter will continue on the May 22, 2014, Study Session.
C. PUBLIC COMMENTS
Chair Hillgren opened the floor for public comments.
Greg Sullivan expressed concerns with the Airport area where the Committee has decided to lump four (4)
properties together for study purposes. He added that staff advised him that the four (4) properties that were
included in the area are for mapping purposes only. He reported that his client is interested in developing the
corner of Jamboree and Campus with an assisted living facility and asked that the Commission consider the
properties, individually.
Jim Mosher understood that the Land Use Element is supposed to be the expression of all of the other elements
in the General Plan and commented on the rationale for making the proposed changes. He commented on the
City's Hazard Mitigation Plan as well as the circulation noting that if these have changed in the proposed Land
Use Element, then the individual elements will need to be changed. He responded to questions by Chair
Hillgren made early in the meeting. He believed the Land Use Element amendment was not well thought out
and recommended rejecting it entirely.
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NEWPORT BEACH PLANNING COMMISSION STUDY SESSION MINUTES 5/8/14
Coralee Newman, Principal, Government Solutions, representing UAP, agreed with Mr. Sullivan's comments
noting the need for an assisted living facility in the area. She reported she is representing the owner of one (1) of
the four (4) properties adding that their project will be trip neutral and will be a replacement use. She hoped the
Commission will consider that in their deliberations.
Phil Aguirre, UAP, reiterated comments by Mr. Sullivan and Ms. Newman and requested being taken out of the
grouping.
Chair Hillgren closed public comments.
D. ADJOURNMENT
There being no further business to come before the Planning Commission, the Study Session was adjourned
at 6:10 p.m.
The agenda for the Study Session Meeting was posted on May 2, 2014, at 2:38 p.m., in the binder and on the City
Hall Electronic Bulletin Board located in the entrance of the Council Chambers at 100 Civic Center Drive.
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