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HomeMy WebLinkAbout09/04/2014 - Planning Commision CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers — 100 Civic Center Drive Thursday, September 04, 2014 REGULAR MEETING 6: 30 p . m . I . CALL TO ORDER - The meeting was called to order at 6 : 30 p . m . II . PLEDGE OF ALLEGIANCE — Chair Tucker HIM ROLL CALL PRESENT: Brown , Hillgren , Koetting, Kramer, Lawler and Tucker ABSENT: Myers ( Excused) Staff Present: Brenda Wisneski , Deputy Community Development Director; Leonie Mulvihill , Assistant City Attorney; Tony Brine, City Traffic Engineer; Patrick Alford , Planning Program Manager; Brittany Ramirez, Administrative Technician ; Marlene Burns, Administrative Assistant IV. PUBLIC COMMENTS Chair Tucker invited those interested in addressing the Planning Commission on items not on the agenda, to do so at this time . Jim Mosher commented on ex parte communications and referenced a recent Coastal Commission meeting where the Commission had an extensive discussion regarding the subject and the need to publicly disclose those and suggested that the Planning Commission disclose them as well . He thanked the Planning Commission for allowing public comment on each item discussed . He reminded the Commission about a new State law that was recently passed , changing the Brown Act to clarify ambiguities regarding the receipt of public comments and requiring an opportunity for comment before and during discussion of each item on the agenda. Seeing no others wishing to address the Planning Commission , Chair Tucker closed public comments. V. REQUEST FOR CONTINUANCES Deputy Community Development Director Brenda Wisneski noted requests for continuances including Item No . 3 where the applicant has requested that the item be tabled for now. She added that they are conducting a special event later in the month and would like to return to the Planning Commission in October for a decision on the Use Permit. The special event will be handled through a special event permit. Another request for continuance relates to Item No. 4 where staff has requested that it be continued to the Planning Commission meeting of September 18, 2014 . In response to Chair Tucker's question regarding Item No . 3, Ms . Wisneski reported that the matter will be rescheduled and re-noticed . Chair Tucker opened public comments . Seeing none, Chair Tucker closed public comments . Motion made by Chair Tucker and seconded by Vice Chair Kramer and carried (6 — 0) to take Item No . 3 (LIDO THEATRE ALCOHOL SALES ( PA2014-048)) off calendar. AYES : Brown , Hillgren , Koetting , Kramer, Lawler and Tucker NOES : None ABSTENTIONS : None ABSENT : Myers Page 1 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 09/04/14 In terms of Item No . 4, Deputy Community Development Director Wisneski reported that City Council has the purview on the entire matter and will hold a study session next Tuesday, September 9, 2014, at 5:00 p.m . in Council Chambers . Those interested in the matter were invited to attend the meeting . Following the September 9, 2014, Council meeting, the item will come back to the Planning Commission to make recommendations on the parking district and parking commercial standards . The Planning Commission does not have jurisdiction on the residential parking permit program . Ms . Wisneski addressed the format of the Council study session and opportunities for public comment. Chair Tucker opened public comments . Jim Mosher expressed confusion regarding what is under the Planning Commission's jurisdiction and what is not. He referenced the City Charter and reported that the Planning Commission has jurisdiction over all matters having to do with zoning and land-use and any other matter the City Council would like to assign to it, by ordinance . He suggested providing a list of what powers/duties have been assigned to the Planning Commission by Council . He commented on the item being rushed through by Council and questioned Council having a study session without knowing what the Planning Commission's recommendations will be. Seeing no others wishing to provide comment, Chair Tucker closed public comments . Motion made by Chair Tucker and seconded by Commissioner Brown and carried (6 — 0) to continue Item No . 4 (BALBOA VILLAGE PARKING MANAGEMENT, PARKING MANAGEMENT OVERLAY DISTRICT ( PA2014- 016)) to the Planning Commission meeting of September 18, 2014 . AYES : Brown , Hillgren , Koetting, Kramer, Lawler and Tucker NOES : None ABSTENTIONS : None ABSENT: Myers VI . CONSENT ITEMS ITEM NO , 1 MINUTES OF AUGUST 21 , 2014 Recommended Action : Approve and file Chair Tucker reported that he submitted changes to the minutes of August 21 , 2014, as well as Mr. Jim Mosher. Chair Tucker opened public comments . Jim Mosher clarified that AB 194 takes effect this coming year. Additionally, he stated that he finds it irritating and redundant that numbers are listed in writing as well as numerically, in parenthesis . Seeing no others wishing to provide comment, Chair Tucker closed public comments . Motion made by Chair Tucker and seconded by Commissioner Brown and carried (6 — 0) to approve the Planning Commission meeting minutes of August 21 , 2014, as corrected . AYES : Brown, Hillgren , Koetting , Kramer, Lawler and Tucker NOES: None ABSTENTIONS : None ABSENT : Myers VII . STUDY SESSION ITEMS ITEM NO. 2 BALBOA MARINA WEST MITIGATED NEGATIVE DECLARATION (PA2012-103) Site Location : 151 and 201 East Coast Highway Page 2 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 09/04/14 Planning Program Manager Patrick Alford reported that staff is asking for the Planning Commission to review the Mitigated Negative Declaration ( MND) before the application for a project. He addressed components of the project and noted there is a hearing on the MND tentatively scheduled for October 2 , 2014. Mr. Alford addressed the project location , surrounding properties ; and details of the project including expansion of the marina , new public dock and slip , a new marine commercial building , potential restaurant, yacht brokerage office, public restrooms , a reconfigured parking lot and landscaping . He listed required actions by the Planning Commission and reported that if the MND is adopted , there will be an application made for the land side of the project which will be a Site Development Review and a Conditional Use Permit. An Approval in Concept for the water side of the project will be reviewed by the Harbor Resources Manager. The two projects will be combined as part of a subsequent application to the Coastal Commission . Mr. Alford addressed the development areas , a detail of the water side plan , land side concept plan , visual simulations , environmental factors , mitigation monitoring and reporting program , the public review period for the MND, noticing and availability of the MND for public review. He introduced Randy Nichols , the City's Environmental Consultant and noted that Harbor Resources Manager Chris Miller and representatives of the Irvine Company were in attendance to respond to questions from the Planning Commission . In response to an inquiry from Commissioner Hillgren , Mr. Alford addressed the joint application with the City and the Irvine Company. He reported that the City component of the project is the new public dock. The City and the Irvine Company are joint applicants on this project, particularly as it goes to the Coastal Commission . Assistant City Attorney Leonie Mulvihill reported that it is not uncommon for the City to be a co-applicant where there is an ownership interest and it does not necessarily pose a conflict. Currently, the City has no ownership interest. Harbor Resources Manager Chris Miller reported that this project goes back a number of years and presented a historical overview of the project, including Harbor Commission recommendations . The City has interest in the marina with the public slips . The idea was to create a joint project that implements Phase 2 of the Irvine Company's goals for expanding the marina and solving the public dock problem by building a public dock . The Harbor Commission has a broader, overreaching goal of promoting and installing more public piers in the Harbor. He added that this area of the Harbor is underserved , so having a dedicated public pier is much more appealing from a Harbor public access perspective. Mr. Miller added that currently, the slips at the marina are temporary usage slips and have gates that segregate the publicly-available slips from the rest of the marina . He reported that it has been a challenge for the Irvine Company to manage those slips . Having a joint project through the entitlement process and solving each other's goals , seems to be an excellent partnership . He addressed rules regarding the overnight use of the new public docks and noted that for the most part, users will be visiting the marina restaurants . In response to Commissioner Hillgren 's inquiry, Mr. Miller confirmed the public docks are for short term use by the public and not intended for overnight or extended mooring . He stated that there are time limits that are enforced through the Harbor Patrol and explained the different zones for public dock use . He reported that people will want to use the dock for extended stays, but that the City is not authorizing it . Commissioner Koetting stated that it would be helpful to know where the public slips are located on the map . Mr. Miller reported that four (4) existing slips will be relocated to the new public dock making room for an additional eight (8) side ties at that public dock for a total of twelve ( 12 ) . He added that "vessels" refers to a typical 24-foot Duffy. Additionally, he defined "transient boaters" and "transient multi-use dock" . In response to Chair Tucker's inquiry, Mr. Alford noted that the water side component will need to be considered as part of the review of the MND by the Planning Commission . He added that this was presented to the Harbor Commission as a study session item and that the Harbor Resources Manager received direction from the Harbor Commission to make an independent decision using the MND and environmental documents . No actions will be made until approval of the MND by the Planning Commission . In response to a question from Chair Tucker, Assistant City Attorney Mulvihill reported that the Approval in Concept needs to be done by the Harbor Resources Manager. That decision should not be made without some CEQA analysis and that is why this document is before the Planning Commission at this time . The Page 3 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 09/04/14 City is attempting to do environmental analysis at the earliest possible time . The Planning Commission will be looking at the MND that is addressing with as much certainty as possible, what the future may be for this area . The Planning Commission will be looking at potential environmental impacts and may not be able to fully evaluate all of them until there is a final project. Once the MND is approved , a subsequent decision by the Harbor Resources Manager can be made . Deputy Community Development Director Wisneski added that at this point, none of the actions will go before City Council . She clarified that when the Planning Commission takes action regarding the MND, a Notice of Determination will be filed with the County Clerk indicating that the public has thirty (30) days during which it could be challenged . When a project comes forward , the Planning Commission will review it to determine whether the MND is consistent and covers the requirements of that project and the environmental impacts . Another Notice of Determination will be filed if the Planning Commission approves the project with the MND and the public will have another opportunity to challenge the CEQA determinations . Commissioner Kramer requested a presentation of the MND in order to fully understand the matter. Ms . Wisneski noted that a detailed presentation is not intended at this time as the matter will be detailed at the time when the Planning Commission will take action . Chair Tucker asked whether there has been outreach to Linda Isle residents . Mr. Alford reported that they received notice of the MND availability and that at this point, no comments have been received . They will receive notice of the hearing of the MND set for October 2 , 2014 . Dan Miller, Irvine Company, reported on a recent meeting held at Linda Isle and stated that forty-to-fifty (40- 50) residents attended same . He reported that the project was explained and that the main focus was moving the existing public slips . Their main concerns related to noise and issues occurring every summer since those public slips were put in . Randy Nichols , Senior Project Manager with T & B Planning , noted his firm prepared the initial study and draft MND for the City. He added that the initial study was based on definite concepts of how this project would be built. He addressed the drawings showing exact footprints , what will be demolished , configuration of private and public docks , information about the construction process, timeframes and size, massing and bulk of the building . There are definite assumptions , definitions and sizes of what is contemplated . He added the MND provides a thorough analysis of definite project concepts . He commented on the basic findings, impacts and specific mitigation measures that will reduce impacts to less-than-significant or avoid impacts . Commissioner Kramer requested specific information regarding noise, traffic and aesthetics . Mr. Nichols addressed operational noise, traffic noise , construction noise, construction restrictions , a construction noise management plan , traffic, air pollution , findings and mitigation measures . He commented on assumptions that were made , view simulations and basic findings . When a project comes forward , the City will subject it to a rigorous review in accordance with General Plan policies and zoning standards . Aesthetic issues will be addressed through the Site Development Review. In response to Commissioner Hillgren's inquiry, Mr. Alford reported that visual impacts will be addressed through General Plan Land Use Element and Natural Resources Element policies . He added architectural details are not a CEQA issue as there is no conflict with City standards , but should be considered when the Planning Commission reviews the Site Development Review application . Chair Tucker stated that at that point, the Planning Commission will be able to comment on what it looks like and whether it is a suitable location , during the Site Development Review. In response to Commissioner Brown's inquiry regarding a timeline for the project, Mr. Alford stated it would be early next year. Page 4 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 09/04/14 Dan Miller, Irvine Company, affirmed that because there is no user yet, the timing would be early next year. He added that the MND assumes the worst-case scenario and that if no user comes forward , they do not want to hold up the water side component for consideration by the Coastal Commission . In response to Commissioner Koetting's inquiry, Mr. Miller reported that once the public slips are moved and the new slips are built, they will be turned over to the City, which owns and will operate them . Mr. Nichols explained the extensive design review on the land side and cultural resources . Chair Tucker opened public comments . Jim Mosher feared that the project is confusing to the public as there is no definite project on the land side and commented on potential sizes of the project. He commented on the ownership issue and wondered regarding the existence of a map showing private versus public ownership . He commented on the proposed height noting it exceeds the height in the Shoreline Height Limitation Zone . Chair Tucker advised Mr. Mosher that he will have other opportunities for comments and encouraged him to submit written comments so that his questions will be answered to his satisfaction . Chair Tucker closed public comments . VIII . PUBLIC HEARING ITEMS ITEM NO , 3 LIDO THEATRE ALCOHOL SALES ( PA2014-048) Site Location : 3459 Via Lido Summary: A Minor Use Permit for the Lido Theatre to allow a Type 40 ( On-Sale Beer) Alcoholic Beverage Control License, which would allow alcohol service during movie screenings and live shows . CEQA Compliance: The project is categorically exempt under Section 15301 , of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 ( Existing Facilities ) . Recommended Action : Remove this item from the calendar. The aforementioned item was taken off the calendar per the applicant's request and previous motion under Requests for Continuances . ITEM NO, 4 BALBOA VILLAGE PARKING MANAGEMENT, PARKING MANAGEMENT OVERLAY DISTRICT (PA2014-016) Site Location : All properties located within Balboa Village bounded by Adams Street, the Pacific Ocean , A Street, and Newport Bay Summary: Zoning Code Amendment No . CA2014-001 for the approval of a Parking Management Plan and Parking Management Overlay District for Balboa Village that would ; 1 ) eliminate required , off-street parking spaces for most commercial uses , 2 ) maintain existing off-street parking facilities , 3) promote the shared use of existing parking facilities , 4) suspend existing and future in-lieu parking fees , and 5) establish a voluntary employee parking program . CEQA Compliance : The adoption of Code Amendment No . CA2014-001 establishing the Balboa Village Parking Management Overlay District is exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15301 ( Existing Facilities ) , 15303 ( New Construction or Conversion of Small Structures ), and 15311 (Accessory Structures) of the CEQA Guidelines , California Code of Regulations , Title 14 , Chapter 3 . Page 5 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 09/04/14 Recommended Action: Continue the item to September 18, 2014. The aforementioned item was continued to September 18, 2014, per staffs request and the Planning Commission's motion under Requests for Continuances. IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION - None ITEM NO. 6 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee Mr. Alford provided an update on items discussed during the recent meeting of the General Plan/Local Coastal Program Implementation Committee and direction given to staff. 2. Update on City Council Items Deputy Community Development Director Wisneski reported that Council did not meet at its second meeting in August but reported that they will be holding a study session on September 9, 2014, on the Corona del Mar and Balboa Village parking program. Council is also scheduled to take action on the Lido House Hotel on September 9, 2014. She added that the Port Theater was scheduled for that same day but the applicant has requested that the item be continued. Ms. Wisneski reported that Marlene Burns will be leaving the Community Development Department for the City's Finance Department and congratulated her on the transition. She added that Brittany Ramirez will take over with helping the Planning Commission. ITEM NO. 7 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT—None ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES Commissioner Koetting requested an excused absence from the Planning Commission meeting of October 23, 2014. Commissioner Lawler requested an excused absence from the Planning Commission meeting of September 18, 2014. X. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 7:34 p.m. The agenda for the Planning Commission meeting was posted on Thursday, August 21, 2014, at 5:21 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive and on the City's website on Thursday, August 21, 2014, at 5:28 p.m. Larryltu cer,thair Jay yer e etary Page 6of6