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HomeMy WebLinkAbout12/04/2014 - Planning Commission CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers—100 Civic Center Drive Thursday, December 4,2014 REGULAR MEETING 6:30 p.m. I. CALL TO ORDER-The meeting was called to order at 6:30 p.m. ll. PLEDGE OF ALLEGIANCE—Chair Tucker III. ROLL CALL PRESENT: Brown, Hillgren, Koetting, Myers and Tucker ABSENT(Excused): Kramer and Lawler Staff Present: Brenda Wisneski, Deputy Community Development Director; Leonie Mulvihill, Assistant City Attorney; Tony Brine, City Traffic Engineer; Gregg Ramirez, Senior Planner; Jim Campbell, Principal Planner; Benjamin Zdeba, Assistant Planner; Makana Nova, 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. Seeing no one wishing to address the Planning Commission, Chair Tucker closed Public Comments. V. REQUEST FOR CONTINUANCES Deputy Community Development Director, Brenda Wisneski, reported that a request was received from a member of the public to continue Item No. 4. She noted that staff does not recommend doing so at this time. VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF NOVEMBER 20,2014 Recommended Action: Approve and file Chair Tucker noted that written corrections to the minutes of November 20, 2014, were submitted by Mr. Jim Mosher. Chair Tucker opened public comments. Seeing no one wishing to provide comments, Chair Tucker closed public comments. Motion made by Commissioner Hillgren and seconded by Commissioner Brown and carried (5—0)to approve the Planning Commission meeting minutes of November 20, 2014, as amended. AYES: Brown, Hillgren, Koetting, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: Kramer and Lawler VII. PUBLIC HEARING ITEMS ITEM NO. 2 FERRARI OF NEWPORT BEACH EXPANSION (PA2014-147) 900 and 1000 West Coast Highway Senior Planner Gregg Ramirez provided a PowerPoint presentation addressing the project location, and noting that vehicle sales are not permitted in the Commercial General zoning district in the Zoning Code, which, he believed was an error when the Code was updated. However, the Zoning Code allows for expansion of non- Page 1 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 1214114 conforming uses with the approval of a Conditional Use Permit. He addressed existing site conditions, the proposed expansion, background of the site, proposed operational characteristics and exterior display area, exterior fagade improvements, landscaping, compliance with the Mariner's Mile design guidelines, the existing Use Permit which waived some parking requirements and the addition of a condition that would allow a retail use subject to the conditions of the existing Use Permit, should the dealership move out in the future. He presented recommendations and offered to respond to questions from the Commission. In response to questions from Commissioner Hillgren, Mr. Ramirez reported that cars for sale will be parked inside the building and on the dedicated exterior display area. A condition is included prohibiting the display and storage of cars on the shared parking lot. The shared parking lot is for customers and employees only. In reply to Commissioner Koetting's inquiry, Mr. Ramirez explained that cars can be moved and unloaded in the parking lot. Small haulers will be used to transport cars and the use of big haulers is not anticipated. Brief discussion followed regarding five-sided architecture. Chair Tucker commented on some of the Conditions of Approval and suggested a modification to Condition No. 16 to remove the phrase "and texture" and to Condition No. 21 to remove the phrase "or widening of West Coast Highway in this vicinity." Chair Tucker opened the Public Hearing. "Buzz" Person, representing the applicant, confirmed agreement with all of the Conditions of Approval as well as those proposed by Mr. Ramirez and Chair Tucker. Jim Mosher commented on the purpose of having the zoning Code relative to specific uses allowed in certain areas of the City. He suggested that the Planning Commission should recommend amending the Zoning Code to allow the correct list of uses and commented on problems with recommending extension of a non-conforming use. Chair Tucker closed the Public Hearing. Chair Tucker recommended proceeding with the matter, but also, amending the Zoning Code, for consistency, in the near future. Motion made by Chair Tucker and seconded by Commissioner Brown and carried (5—0)to adopt Resolution No. 1963 approving Conditional Use Permit No. UP2014-042, with changes to the Conditions of Approval as discussed. AYES: Brown, Hillgren, Koetting, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: Kramer and Lawler ITEM NO. 3 1617 WESTCLIFF DRIVE(PA2014-157) 1617 Westcliff Drive Deputy Community Development Director Wisneski provided a PowerPoint presentation addressing the request, location, surrounding uses, parking, access to the property, existing conditions, background, existing ABC License, operating hours and changes requested, allowing full operation of the restaurant during operating hours, retail component and elimination of a full-service bar, other uses in the building, floor plan, results of a parking demand and shared parking analysis, the possibility of a parking surplus and recommendations. Discussion followed regarding the number of seats in the previous restaurant and the number of seats proposed for the current restaurant, differences in square footage, proposed tenant and required parking, parking related to the previous Use Permit and floor plans. Chair Tucker suggested a minor change to Condition of Approval No. 10 relative to authorized hours of operation. He and Ms.Wisneski discussed the need for a Type 42 license versus a Type 47 license. Page 2 of 8 i NEWPORT BEACH PLANNING COMMISSION MINUTES 12/4/14 ; Ms. Wisneski noted revisions to the Resolution, specifically relative to Conditions No. 11 and 13. She noted that the old permit is not staying in effect. Chair Tucker opened the Public Hearing. Brian Ward, applicant, offered to respond to questions from the Commission. Chair Tucker closed the Public Hearing. Motion made by Chair Tucker and seconded by Commissioner Brown and carried (5—0)to adopt Resolution No. 1964 approving Conditional Use Permit No. UP2014-044 with changes to the Conditions of Approval as discussed. AYES: Brown, Hillgren, Koetting, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: Kramer and Lawler ITEM NO. 4 LIDO MARINA VILLAGE (PA2014-002) 3600-3700 Newport Boulevard, 3400-3444 Via tido, and 3400-3505 Via Oporto Assistant Planner, Makana Nova, provided a PowerPoint presentation addressing the request and noting that the CUP addresses uses for parking purposes rather than land uses. Additional restaurants going into the center would require an additional Minor or Conditional Use Permit to address their operations. She added that the request is part of a larger project to renovate the Lido Marina Village and addressed the phasing plan, approval of Phase 7 by City Council on November 25, 2014, adding street parking to the area and Phase 8 which includes a renovation of the existing Marina, currently under negotiation with the City. The project at hand seeks to manage parking demand in the area and identify appropriate land use mixes. Ms. Nova identified project area boundaries, areas not included in the parking demand analysis, the incorporation of the Lido Shops into the parking demand analysis and location of the parking structure, Ms. Nova addressed existing conditions, present uses and expansion of floor area. She provided details of the parking supply in the area, identifying parking spaces within the parking structure, a valet option, a nearby private alley, and the total available parking. She discussed the location of existing outdoor dining patios and the conversion to private dining areas. Ms. Nova then outlined the outcome of the parking demand analysis, the resulting parking shortfall, the process to conduct another parking demand analysis to obtain real-time data, and adding off-site parking, if necessary. Ms. Nova reported receiving a comment letter from the owner of Electra Charters and noted that staff is prepared to respond to those questions per the Commission's desire. She stressed that the retail and operational charter use was incorporated into the parking demand analysis included in the staff report. She addressed the current operation of Electra Charters under a Marine Activities Permit and noted that should off-site parking be necessary for any use in the center, in the future, it would be identified, if necessary, in the revised parking demand study. She discussed coastal access, noting that a revised draft Resolution had been distributed that amends Conditions No. 17 and 18, relative to the public walkways through the site. She added that staff recommends keeping the original parking structure Use Permit in place. Chair Tucker and Ms. Nova discussed handling conflicts between the two (2) permits, the owner of the parking structure, incorporation of a parking validation program for some uses, walkways, lateral and vertical access and maintaining specific areas for public access. Commissioner Brown and Ms. Nova discussed the location of off-site parking, uses likely to use the parking structure and parking for users of charter boats. Assistant City Attorney Leonie Mulvihill noted the existing process for charter uses, adding that it is allowed as an ongoing special event, subject to an approval process through Harbor Resources. She added that staff hopes that other uses will revitalize the area. If there is not sufficient parking, the Harbor Resources Manager will not authorize the specific charter use. Page 3 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 1214114 Secretary Myers and Assistant City Attorney Mulvihill discussed authorization of a charter use, location of off-site parking, and conducting an additional parking demand study when uses have been established. Chair Tucker commented on challenges with the area. Commissioner Hillgren and Assistant Planner Nova engaged in discussions regarding relevant items within the existing CUP for the parking structure, the need for the parking structure to remain public, and the parking allocation for charter uses. Chair Tucker noted that there are many moving parts that need to be considered. Chair Tucker opened the Public Hearing. Becky Sullivan, Vice President of Construction Development for DJM Capital Partners, reported they are currently working to restore the vibrancy of Lido Marina Village and that the parking CUP is a piece of the puzzle to help restore the vibrancy. She offered to respond to questions from the Planning Commission. In response to Commissioner Koetting's question, Ms. Sullivan explained that it is their hope that through this approval, they will be able to summarize the existing CUPS and present a Master Plan for Lido Marina Village. She explained that, until real data is available, these are the best options that can be provided. Discussion followed regarding dealing with parking requirements on individual site Use Permits, rescinding those Use Permits as applicants come in to reoccupy spaces, anticipated/desired uses, the possibility of the matter coming before the Planning Commission again in cases of changes in uses, critical uses needed, the viability of a gourmet market, and cooperation with the Lido Shops. Jerry King, Electra Charters, reported submitting written concerns regarding the plan, commented on challenges with the different property owners over the years, referenced parking studies that have been conducted in the past, and stated they encourage what DJM Is doing. He added that DJM is trying to do it correctly but expressed concerns that Electra Charters was not considered in planning for the proposed project. He addressed the charter contracting process in terms of obtaining head counts so that clients can determine the adequacy of parking and timing. He added that they mail out maps identifying off-site parking and encouraging shared parking and carpooling. He reported that they cater almost exclusively to weddings and facilitate coastal access in their normal business operations. In response to Chair Tucker's inquiries, Mr. King reported the retail square footage occupied by Electra Charters. Chair Tucker stated that the Planning Commission cannot make the value judgment that Electra Charters is entitled to a certain number of parking spaces but must go on the advice of staff and the City Attorney. Mr. King added that he spoke with staff and understood that staff would attempt to respond to some of his concerns. He provided information on his company's operations in terms of parking and the parking structure. He offered to respond to inquiries from the Planning Commission. In response to Commissioner Hillgren's inquiries, Mr. King noted that advance notice is needed for scheduling weddings and that Electra Charters' intent is to be cooperative and compliant with stipulations relative to the maximum capacity for vessels in their MAP permits. Jim Mosher commented on parking being at a premium, encouraging bicycling as a mode of transportation, questioned the existence of a bicycle/traffic circulation plan for the area and the desirability of Central Avenue turning into diagonal parking, inquired about the need for a Coastal Development Permit, and commented on the value in planning for people living, working, and recreating in the same area. Regarding the latter, he noted that there is no residential component in the proposed project and wondered if, by adding mixed-use, the parking pressure could be alleviated. Chair Tucker reported that the property has many different owners and ground leases and it is not feasible to finance projects in short terms. The best alternative is to fix what is already there and the best plan presented seems to be the subject plan. Page 4 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 1214114 Chair Tucker closed the Public Hearing. Brief discussion ensued regarding how the Elk's Club fits into the proposed plan. Ms.. Nova noted that the Elk's Lodge is not included in the project site and has its own off-site parking available on an adjacent municipal parking 'lot. Chair Tucker commented on the importance of the project and on whether the matter should come back to the Planning Commission or to staff. Commissioner Hillgren addressed the importance of having the City be able to act quickly but noted that there are many variables to the project and that the matter should come before the Planning Commission, at least the first time around. Chair Tucker agreed that the Planning Commission should stay engaged for awhile and then allow staff to proceed. Assistant City Attorney Mulvihill noted the need to be careful to communicate if the item will change course in the future. She added that if the matter were to go to the Director for a determination, it could be subject to appeal to the Planning Commission and it could be conditioned as such. Commissioner Hillgren commended Ms. Nova for her presentation and stated that subsequent reviews could be fairly simple but reiterated he would like the Planning Commission to stay as engaged as necessary. Commissioner Koetting agreed and reported that over time a project may change where the Planning Commission should consider same. Discussion followed regarding the appeal process, being as efficient as possible, keeping the Planning Commission engaged, agreement to the conditions by all relevant parties, and trash enclosures. Assistant City Attorney Mulvihill suggested language for Condition No.1 as, "Shall be reviewed and be approved by the Planning Commission or the Community Development Director as determined appropriate by the Planning Commission prior to implementation." Chair Tucker addressed Condition No. 2 and Ms. Nova addressed the intent of the Condition and suggested adding a cap on restaurant uses of 24,000 square feet and a cap on nail salons of 1,467 square feet. Chair Tucker added the need to define "more intense uses." He suggested attaching the Scenario A and B exhibits to the resolution, recommended the applicant provide occupancy information as soon as possible, and suggested off-site parking be delegated to the Director. Ms. Nova noted that Condition No. 4 specifies compliance with the Zoning Code which requires recordation of a parking agreement. Chair Tucker commented on enforceability of the agreement. . City Attorney Mulvihill added that in the more recent years, there has been a requirement that the City Attorney's office review any recorded agreement for the purpose of ensuring that it serves the intent of the Condition. Commissioner Hillgren suggested adding that any off-site agreement is at least the length of the projected use and to allow staff to deal with it. Principal Planner, Jim Campbell, noted the need to add flexibility for the project and that the agreement be for the length of the lease. Deputy Community Development Director Wisneski added that several scenarios can exist in relation to off-site parking. Chair Tucker reopened the Public Hearing. Page 5of8 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/4/14 Lindsay Parton, President of DJM Capital, addressed existing negotiations relative to the off-site parking agreement and added there are certain limitations regarding the length of term that can be given. He added that they are motivated to find off-site parking that works. Discussion followed regarding possible conflicts, finding solutions with what is available, benefits of streamlining the process, the possibility of having significant parking arrangements, determining what the occupancy will be for determining the parking demand and keeping the Planning Commission involved for consistency in the approach. Chair Tucker commented on the number of parking spaces noted in Condition No. 6 and Ms. Nova clarified that the document should state thirteen (13) tenant spaces instead of twenty-six (26). She added that the parking study included ten (10) parking spaces in the private alley, below. Chair Tucker inquired about Condition No. 10 regarding the payment of Fair Share Fees. Commissioner Hillgren inquired about charging a fair-share fee for patio seating and Ms. Nova addressed analysis of fair-share fees for each restaurant and the allocation of those fees. Chair Tucker commented on Condition No. 11 relative to property ownership/leasing, Condition No. 17 regarding the walkway and removing reference to "timing" to allow for increased flexibility, Condition No. 28 - the need to rescind Use Permit No. UP1636 recognizing that the increased height of the structure is established, and the possibility of adding a Condition that none of the parking will be for excursion boats. Ms.Wisneski reported that it is staffs intention not to specify which uses can or cannot park in the structure. In response to Commissioner Hillgren's question, Ms. Wisneski added that staff does not want to specify the number of parking spaces allocated for specific uses. Chair Tucker noted that it is a public lot and that the City will monitor it through Marine Activities Permits. Assistant City Attorney Mulvihill clarified that the tenant, Electra Charters, occupies office space, which is recognized, permitted and parked. Marine Activities such as charter cruises are different entirely, and are operated on the water, with a Marine Activities Permit, subject to the availability of parking, The Parking Management Plan attempts to provide parking for the different uses on the land, not taking into account the charter cruises operations on the water. She added that staff recommends that the Commission not address charter activities parking through this CUP. Chair Tucker summarized the needed changes and suggested continuing the matter to allow staff to clean up the document and return to the Planning Commission. Discussion followed regarding potential dates for the Planning Commission to continue hearing the matter. Lindsay Parton, representing the applicant, stated he would like to proceed with the item as soon as possible. Chair Tucker closed the Public Hearing. Motion made by Chair Tucker and seconded by Commissioner Koetting and carried (4 - 1)to continue the matter to the Planning Commission meeting of December 18, 2014. Commissioner Hillgren stated that his vote was on the basis that he felt a continuance was not needed. AYES: Brown, Koetting, Myers and Tucker NOES: Hillgren ABSTENTIONS: None ABSENT: Kramer and Lawler Vlll. CONTINUED BUSINESS ITEM NO. 5 NONCONFORMING STRUCTURES CODE AMENDMENT(PA2014-083) Citywide Assistant Planner Benjamin Zdeba provided a brief PowerPoint presentation and addressed the purpose and Page 6 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/4/14 intent of the nonconforming provisions, prior direction by the Planning Commission, existing Zoning Code standards and recommended changes. Discussion followed regarding "density bonus" for adding a garage, potential for adding a percentage of the allowable floor area limitation and a clarification regarding application of the Code equitably throughout the City. Chair Tucker commented on the goal of bringing structures into compliance and suggested adding a finding regarding limiting and expanding structures beyond 50 percent of the existing floor area. Chair Tucker opened public comments. Jim Mosher commented on possible contradictions within the document and suggested corrections. Mr. Zdeba and Senior Planner Gregg Ramirez responded to Mr. Mosher's comments and specific suggested corrections. John Loomis, 30th Street Architects, expressed support of the recommended amendment. Sharon Hormann thanked the Planning Commission for the time and energy it has spent in trying to correct this issue. She expressed support of the recommended amendment and encouraged the Commission to approve it. Chair Tucker closed public comments. Motion made by Commissioner Brown and seconded by Secretary Myers and carried (5—0)to adopt Resolution No. 1965 recommending City Council adoption of Code Amendment No. CA2014-004 as set forth with the revisions discussed. AYES: Brown, Hillgren, Koetting, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: Kramer and Lawler 1X. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION -None ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee Ms. Wisneski provided an overview of a recent General Plan/Local Coastal Program Implementation Committee meeting and reported actions taken by same. She addressed public outreach and potential study sessions for the Planning Commission. 2. Update on City Council Items Ms. Wisneski addressed recent Planning Commission-related items considered by Council including approval of the Balboa Village Parking Plan. The Residential Permit Parking program was not approved, instead the Council asked staff to survey residents to ensure there is a majority in support of the program. Additionally, she reported Council's action regarding the Balboa Marina West appeal, noting that Council upheld the Planning Commission's decision. Discussion followed regarding challenges to environmental documents. Page 7 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/4/14 ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION,ACTION, OR REPORT Commissioner Hillgren asked a question regarding the manner in which applicants are listed for Public Hearings. He suggested that the name of the applicant should be the name of the property owner. Assistant City Attorney Mulvihill responded that the applicant's name is listed as submitted on the application but that in cases where the applicant is not the owner,the owner still must sign the application, so they are involved. Chair Tucker agreed that it would be helpful to have the name of the property owner provided. ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES Commissioner Brown stated he will be absent from the Planning Commission meeting of January 8, 2014, and requested to be excused. Chair Tucker noted that the meeting of December 18, 2014 will begin at 2:00 PM. X. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 9:31 p.m. The agenda for the Planning Commission meeting was posted on Tuesday, November 25, 2014, at 4:35 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 Tuesday, November 25, 2014, at 4:48 p.m. Larry Tucker, Chair Ja e , S retar Page 8 of 8