HomeMy WebLinkAbout1.0 - Draft Minutes CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES
Council Chambers — 100 Civic Center Drive
Thursday, November 6, 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—ChairTucker
III. ROLL CALL
PRESENT: Brown, Hillgren, Koetting, Kramer, Lawler and Tucker
ABSENT (Excused): Myers
Staff Present: Brenda Wisneski, Deputy Community Development Director; Leonie Mulvihill, Assistant City
Attorney; Tony Brine, City Traffic Engineer; Benjamin Zdeba,Assistant Planner; Brittany Ramirez, Administrative
Technician;Jennifer Biddle, Administrative Support Specialist
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 the recently-failed land-use amendment that was on the ballot on November 4, 2014,
noting that when the matter was considered by the Planning Commission, Chair Tucker indicated that the
Planning Commission's role was technical review. Mr. Mosher sees the Commission's role as being more
expansive such as making discretionary decisions and recommendations to City Council. He added that it also
involves ensuring that the decisions made by staff are in tune with the communitys wants. He stated there has
been a "disconnect" and that the Commission did not see relevant information presented to Council regarding
the matter. He commented on traffic and trips generated by the plan and hoped that the Commission will
consider other "Futuristic" ideas for redesigning Newport Center that might not add so many trips or will reduce
the number of trips generated.
Seeing no others wishing to address the Planning Commission, Chair Tucker closed Public Comments.
V. REQUEST FOR CONTINUANCES-None
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF OCTOBER 23, 2014
Recommended Action: Approve and file
Chair Tucker noted that Commissioner Hillgren submitted changes to the minutes of October 23, 2014.
Chair Tucker opened public comments. Seeing no one wishing to provide comment, Chair Tucker closed public
comments.
Motion made by Chair Tucker and seconded by Commissioner Lawler and carried (4 — 2) to approve the
Planning Commission meeting minutes of October 23, 2014, as corrected.
AYES: Brown, Hillgren, Lawler and Tucker
NOES: None
ABSTENTIONS: Koetting and Kramer
ABSENT: Myers
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NEWPORT BEACH PLANNING COMMISSION MINUTES 11/06/14
VII. PUBLIC HEARING ITEMS
ITEM NO.2 Enterprise Rent-A-Car Conditional Use Permit(PA2014-108)
Site Location: 4500 Campus Drive and 4361 Birch Street
Assistant Planner Ben Zdeba provided details of the staff report describing the proposed project, location,
surrounding land uses, access to John Wayne Airport, zoning, applicable General Plan provisions, existing
conditions, demolition of office space, enhancements to security, grading and landscaping, construction of a new
office building, storage, and a store front area, modification of the existing vehicle service area to create a new
carwash bay and the addition of two (2) new fuel dispensers by expanding the existing canopy. He also
indicated at least two (2) areas on the project site would be designated for transport truck parking to offload
rental vehicles which currently takes place illegally within the public right-of-way. He then presented the existing
travel routes for rental vehicles for the airport branch at the existing facility and proposed travel routes that would
be much more concise and effective. Lastly, he expressed staffs belief that the proposed project is consistent
with the policies of the General Plan Land Use Element for the Airport Office and Supporting Uses land use
designation and further stated that the findings to recommend approval can be made.
In reply to Commissioner Koetting's inquiry regarding clarification of ingress/egress for cars and vehicle transport
trucks, Mr. Zdeba reported that arrows show the location of ingress/egress of the site from a conceptual level.
He added there is a condition of approval within the draft resolution to require review of the final design by the
Public Works/Traffic Department to ensure proper circulation. Transport truck parking has been provided on
both sites, adjacent to driveway areas; however, he stated most offloading will occur off Campus Drive. He
clarified the use of fire lanes,on-site customer parking, and vehicle pick up and return.
In response to Vice Chair Kramer's question regarding property ownership, Mr. Zdeba clarified there are two (2)
separate properties owned by business entities with a common member. He further stated that the property
owner's representative was present and available for questions.
Chair Tucker opened the public hearing.
Bill Bettison, Long Beach, Operations Manager for Enterprise Holdings, thanked the Planning Commission and
staff and provided information relative to the entities owned and operated by Enterprise Holdings. He reported
that it retains three (3) primary sites within the John Wayne Airport area and addressed the car rental process
and operations at same. He stated that the intent is to increase the efficiency of their"quick turnaround" (QTA)
facility which is to service, prepare and store vehicles for increased safety and reduce unnecessary trips in and
around the area. He referenced a presentation included in the staff report as an attachment and offered to
respond to questions from the Planning Commission.
Commissioner Koetting commented on the sites that will be closed and Mr. Bettison clarified the plans for their
various existing sites. He added that no automobile sales will be conducted on the sites.
Tim Stoaks, resident, commented on the issue of vehicle transport trucks offloading within the public right-of-way
and noted the unsafe conditions. He expressed doubt regarding the adequacy of the proposed design with
relation to accommodating vehicle transport truck offloading on-site. He opined that this project constitutes an
expansion of John Wayne Airport and referenced the recently approved Settlement Agreement. He stated that
the area was zoned for office uses and opined that trip generation for the project was askew. He expressed
concerns with car rental agencies during big conventions with large numbers of cars being delivered and noted
existing businesses that are presently impacted. He added that he has been documenting the issue and related
unsafe conditions for the last several years and that the Police Department and City staff have the
documentation and evidence.
In response to Vice Chair Kramer's question regarding the expectation that the proposed project will generate
less average daily trips, Mr. Stoaks noted that office trip generation occurs in the morning and in the evening but
that the proposed project is a continual operation requiring multiple trips throughout the day and night.
City Traffic Engineer Tony Brine reported that staff considered average daily trips for existing uses compared to
the proposed project and noted a decrease in average daily traffic, overall. Peak hours were not considered,
specifically.
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NEWPORT BEACH PLANNING COMMISSION MINUTES 11/06/14
Chair Tucker noted that the proposed plan will eliminate trucks from unloading in the street and will be loading
and unloading on site. Mr. Brine noted that it is a big improvement over the existing operation.
In response to Vice Chair Kramer's inquiry regarding a traffic study, City Traffic Engineer Tony Brine reported
there was no specific traffic study conducted but calculations were prepared with the existing and proposed land
uses. He added there are less trips generated with the proposed plan than with the existing uses. He noted that
staff did a calculation to determine whether a complete traffic study was necessary. The result indicated it was
not.
Vice Chair Kramer noted the need for backup data in support of the findings. He stated that without quantitative
information, he could not agree with the information presented to support the findings.
Mr. Stoaks noted that a City initiative involves controlling the growth of the airport and opined that the Planning
Commission needed to consider that the proposed plan involves expansion of the airport.
In response to Chair Tucker's inquiry of Mr. Stoaks'stance on the project being heard, Mr. Stoaks stated that the
plan is not developed well enough to make the operation work.
Chair Tucker noted that the proposed plan is an improvement of the existing operation.
Mr. Stoaks commented on other vehicle rental facilities in the area and wondered about the appropriateness of
expanding one, knowing that others are not in compliance.
Commissioner Koetting agreed that there may not be enough room for vehicle transport trucks to turn around
and indicated that the driveway may need to be widened to facilitate turning.
Mr. Stoaks reiterated his concerns regarding vehicle transport trucks as well as trips generated by the operation.
Assistant City Attorney Leonie Mulvihill reported that when applications come in they are reviewed by the
applicable departments to determine if certain thresholds, such as the City's Traffic Phasing Ordinance. She
reported that the thresholds were not reached upon review of this specific application and the "drill-down"
operational analysis was not required for this project. There was an analysis done by staff and it was determined
that the average daily trips information was accurate and appropriate. She added that if the Commission did not
feel it could make the stated findings, it should not agree with those findings.
Vice Chair Kramer stated that the issue is unique, noting that there will be many trips going back and forth from
the airport and the satellite facility.
Chair Tucker commented on the importance of intersection analysis with respect to the City's Traffic Phasing
Ordinance (TPO) and reported that it is not the fact that a project generates a lot of trips, but rather whether or
not those trips end up degrading the performance at intersections.
Robi Ann Sales, architect for the project, explained the process for transport loading and unloading and noted
that turning for transport trucks and fire trucks has been accommodated in the site plan.
In response to an inquiry from Commissioner Brown, Ms. Sales explained that the conceptual information was
generated for the daily operation of the business, not for operations related to increased inventory for special
events.
Mr. Bettison indicated that the fire lane is wide enough to accommodate a fire truck. He added that Enterprise
Holdings has these types of facilities all over the country, on much smaller pieces of property. He commented
on the volume of trucks, noting that it does get heavy at times, but that has been considered in the plan's design.
Mr. Bettison addressed trip generation and reported that overall generation will decrease and current driver
expense will effectively be cut by 25 percent, conservatively.
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NEWPORT BEACH PLANNING COMMISSION MINUTES 11/06/14
Discussion followed regarding the vehicle transport trucks, the possibility of adding a condition that four (4)
vehicle transport trucks be accommodated on-site at any given time, and the maximum number of trucks
expected.
Mr. Bettison stated that the need to accommodate four (4) trucks at any one time is not anticipated. He
commented on the cost of transporting cars for a convention, noting that it would be difficult to recuperate and
that it is not good business and is not something they do as they cannot afford to bring in too many cars all at
once.
City Traffic Engineer Brine reported that with the removal of the existing on-site office development, thirty-four
(34)trips would be eliminated in the morning and the new use would add nineteen (19). In the afternoon, thirty-
three (33)trips would be eliminated and the new use would add twenty-six(26);therefore, the proposed new use
would reduce the number of trips in the morning and in the afternoon.
In response to Chair Tucker's question, Mr. Brine reported that no intersection levels of service will be impacted.
Commissioner Lawler suggested amending Condition of Approval No. 53 to include peak or convention
operations that address traffic control and vehicle transport truck route plans.
Deputy Community Development Director Brenda Wisneski stated that staff considered the same approach to
Condition of Approval No. 48, related to on-site operations. She noted that Condition of Approval No. 53 is
related to the construction process. She added that in Condition of Approval No. 48, the final circulation plan will
be required to be submitted to the City's Traffic Department and suggested adding that "the demonstration shall
be conducted showing that delivery trucks can circulate adequately on-site." She stated that the Commission
can specify that it accommodates four(4)trucks.
In response to Chair Tucker's question regarding prohibiting the loading or unloading of transport trucks on the
street, Mr.Zdeba stated that it is addressed in Condition of Approval No. 6.
Thomas Zurba asked that the Planning Commission take into consideration the dozens of small businesses that
will be displaced if the project is approved. He added that many businesses have been tenants of the property
for almost twenty (20) years and stated that many are worried about their livelihoods. He expressed concerns
regarding driving onto Campus Drive and getting across three (3) lanes to turn left onto Airport Way. He noted
that it poses a danger that may be exacerbated with the proposed plan.
In response to an inquiry from Commissioner Hillgren, Mr. Zurba reported that his business is United Auto
Rentals which has been a tenant of the property for sixteen (16) years. He added that his business is in danger
of being displaced and expressed concern about its future.
Jim Mosher noted that one (1) of Mr. Stoaks' concerns is addressed by Condition of Approval No. 6 and
wondered if there is a stipulation that would make it more enforceable or clarify what the penalty will be if the
operation does not comply. He added that it would be helpful to know how many other rental companies are
operating in Newport Beach and how many have the problem of transports on the streets that may require
similar mitigation.
Bob McDonald commented on the Birch/Campus tract and constraints including airport noise and flaws in
ownership. He stated that car rental companies have been champions in consolidating small lots and bifurcated
ownerships, allowing for better land-planning. He added that zoning and the General Plan are in alignment and
spoke in support of the proposed plan.
In response to Vice Chair Kramer's question, Mr. McDonald stated he is a commercial real estate broker,
representing Mr. Saunders (property owner) and listed other rental car company deals in which he has been
involved.
Discussion followed regarding the recent Land Use Plan update and elimination of additional office use by City
Council.
Chair Tucker closed the public hearing.
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NEWPORT BEACH PLANNING COMMISSION MINUTES 11/06/14
Mr. Brine addressed Mr. Zurba's concern regarding turning into Airport Way from Campus Drive, noting that
challenges are dependent on the time of day and the traffic on Campus Drive. The majority of the time, traffic
volumes on Campus Drive are low enough that safety is not an issue.
Discussion followed regarding the hours of operation for the facility and the retail portion of the property.
Ms. Wisneski reported that there is a condition that limits deliveries to be outside the hours of 10:00 p.m. and
8:00 a.m.
Chair Tucker reported that the issue of displacement of tenants is beyond the Planning Commission's purview
and addressed loading and unloading on streets adding that it is not an allowed activity and that the applicant will
work with staff accordingly. He added that the intent is to avoid loading and unloading in the streets and the
applicant confirmed so. Chair Tucker reported his submission of a change to Condition of Approval No. 11
regarding screening the security walls and fencing with landscaping.
Commissioner Koetting commented on the architecture on the Birch Street building and recommended
enhancing the architecture. He recommended including a condition to make the building compatible with the
new building and submit same to staff.
Motion made by Chair Tucker and seconded by Vice Chair Kramer and carried (6—0)to adopt Resolution No.
1960 approving Conditional Use Permit No. UP2014-025, with the changes to Conditions of Approval No. 11 and
48 and that the buildings on the Birch Street side be modified so that they are compatible with the design of the
new buildings and that the transport truck loading and unloading area be sized to accommodate at least four
trucks at one time.
AYES: Brown, Hillgren, Koetting, Kramer, Lawler and Tucker
NOES: None
ABSTENTIONS: None
ABSENT: Myers
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 3 MOTION FOR RECONSIDERATION - None
ITEM NO. 4 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
1. Update on the General Plan/Local Coastal Program Implementation Committee
Deputy Community Development Director Wisneski reported that staff continues to work on the Local Coastal
Program Implementation Plan components and it is anticipated that a draft document will be presented to the
Committee within the next couple of weeks. The next meeting will be on December 3, 2014, pending
confirmation of the availability of members. The document should be before the Planning Commission in mid-
spring.
Commissioner Hillgren stated that scheduling one (1) or two (2) study sessions for the Planning Commission to
consider the document would be appropriate. He commented on the process and added he looks forward to a
comprehensive review of the entire program.
Vice Chair Kramer agreed adding that the sooner,the better.
Ms.Wisneski reported that the City has been recommended to receive a grant from the Coastal Commission for
$67,000 to assist in the development process of the Implementation Plan, focusing on sea-level rise and the
implications it has on coastal communities.
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NEWPORT BEACH PLANNING COMMISSION MINUTES 11/06/14
2. Update on City Council Items
Ms. Wisneski provided an update on City Council items including approval of Balboa Village improvements and
reported there is current funding to include a gateway sign. The parking program and creation of a Parking
Benefit District will be considered by Council on November 25th.
She referenced a meeting schedule distributed to the Commission and reported that Council will consider the
initiation for a Zoning Code amendment for Balboa Island, as currently the code does not recognize the
prohibition of condominiums in Balboa Island.
Additionally, she reported that the Uptown map will be considered by Council at its second meeting in
November. Brief discussion followed regarding next steps including the site development review.
Ms. Wisneski introduced Jennifer Biddle, Administrative Support Specialist, for the Community Development
Department.
Discussion followed regarding scheduling of Planning Commission meetings and preferences for considering
items on the agenda.
Vice Chair Kramer stated he would prefer being as efficient as possible by considering multiple agenda items
rather than one (1) or two (2). Additionally, he commented on the possibility of cancelling meetings that are
close to holidays.
Commissioner Hillgren concurred with Vice Chair Kramer's comments adding the need to be responsive to
applicants.
ITEM NO. 5 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR
REPORT- None
ITEM NO.6 REQUESTS FOR EXCUSED ABSENCES
Commissioner Lawler requested an excused absence for the Planning Commission's meetings of November 20,
2014 and December 4,2014.
Vice Chair Kramer requested an excused absence for the Planning Commission meeting of December 18, 2014.
IX. ADJOURNMENT
There being no further business to come before the Planning Commission, the meeting was adjourned at
7:58 p.m.
The agenda for the Planning Commission meeting was posted on Thursday, October 30, 2014, at 4:05 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, October 30, 2014, at 3:45 p.m.
Larry Tucker, Chair
Jay Myers, Secretary
Page 6 of 6
Planning Commission - November 20, 2014
Item No. 1a: Additional Materials Received
Draft Minutes of November 06, 2014
November 20, 2014, Planning Commission Comments
Comments on Newport Beach Planning Commission regular meeting agenda item by:
Jim Mosher( iimmosher(a")yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 1: MINUTES OF NOVEMBER 06, 2014
Changes to the draft minutes passages shown in italics are suggested in Orikeeut underline format.
1. Page 3, paragraph 10, sentence 1:
"Assistant City Attorney Leonie Mulvihill reported that when applications come in they are
reviewed by the applicable departments to determine if certain thresholds, such as the City's
Traffic Phasing Ordinance, are exceeded."
or
"Assistant City Attorney Leonie Mulvihill reported that when applications come in they are
reviewed by the applicable departments to determine .'against certain thresholds, such as
the City's Traffic Phasing Ordinance."
2. Page 4, paragraph 6, sentence 3: "She added that in Condition of Approval No. 48, the final
circulation plan will be required to be submitted to the City's Traffic Department ..." [?, as
best I can tell the current term is the Transportation and Development Services Division
within the City's Public Works Department]
3. Page 6, paragraph 3, sentence 1: "Additionally, she reported that the Uptown Newport map
will be considered by Council at its second meeting in November." [?, I am unaware of any
notice of such a hearing having been posted]