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Home My WebLink About12/18/2014 - Planning Commission CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers — 100 Civic Center Drive Thursday, December 18, 2014 REGULAR MEETING 2: 00 p.m. I. CALL TO ORDER - The meeting was called to order at 2:00 p.m . II . PLEDGE OF ALLEGIANCE — Chair Tucker III. ROLL CALL PRESENT: Brown, Hillgren, Koetting, Lawler, Myers and Tucker ABSENT (Excused): Kramer Staff Present: Kimberly Brandt, Community Development Director; Brenda Wisneski, Deputy Community Development Director; Leonie Mulvihill, Assistant City Attorney; Tony Brine, City Traffic Engineer; Jim Campbell, Principal 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 - None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF DECEMBER 4, 2014 Recommended Action: Approve and file Chair Tucker noted that written corrections to the minutes of December 4, 2014, were submitted by Mr. Jim Mosher, Chair Tucker opened public comments. Seeing no one wishing to provide comment, Chair Tucker closed public comments. Motion made by Commissioner Hillgren and seconded by Commissioner Brown and carried (5 — 0 — 1 — 1 ) to approve the Planning Commission meeting minutes of December 4, 2014, as corrected. AYES: Brown, Hillgren, Koetting, Myers and Tucker NOES: None ABSTENTIONS: Lawler ABSENT: Kramer VII. CONTINUED BUSINESS ITEM NO. 2 LIDO MARINA VILLAGE (PA2014-002) 3600-3700 Newport Boulevard, 3400-3444 Via Lido, and 3400-3505 Via Oporto Chair Tucker introduced the item and provided a brief background including prior review, consideration, changes and instructions to staff. Assistant Planner Makana Nova, provided updates noting that staff met with Chair Tucker and the applicant to discuss the history of the matter and to help understand how Lido Marina Village operates in terms of discretionary approvals. She addressed the ownership interests in Lido Marina Village and reported that a Page 1 of 4 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/18/14 revised draft resolution has been provided and that Chair Tucker has provided additional comments as well as a summary of some of the history of Lido Marina Village. Chair Tucker commented on the summary he developed. Discussion followed regarding off-site parking rights in the Parking Management Plan and any future recorded agreement. Deputy Community Development Director Brenda Wisneski reported that the off-site parking agreement and approval will be coming back to the Planning Commission for consideration. Ensuing discussion pertained to defining vacant "blacked out' spaces in the Exhibits C and D of the draft resolution. Staff will add a key description to clarify vacancies displayed in these exhibits. Commissioner Hillgren expressed concerns with other property owners that have approved buildings but do not have designated parking. Ms. Nova noted that those uses are non-conforming as to parking because parking is not provided on-site. They would need to apply for their own CUP or for a waiver of parking requirements. Discussion followed regarding shared and remote parking, determining an appropriate distance for parking and the possibility of encouraging a shuttle service. Ms. Nova noted that this determination would be made by the Planning Commission when a specific off-site parking option is presented. Chair Tucker invited the applicant to address the Planning Commission. Becky Sullivan, Vice President of Construction and Development for DJM Capital Partners, indicated reviewing revisions submitted but not those submitted this morning. She offered to respond to questions from the Commission. Staff provided Ms. Sullivan with a copy of the revisions for her review. Chair Tucker opened public comments. Jim Mosher suggested minor typographical corrections and commented on the citing of CEQA exemptions relative to the Parking Management Plan. He inquired regarding references to the buildings being renovated and hoped that what is being approved by the CUP can be clarified. Becky Sullivan, Vice President of Construction and Development for DJM Capital Partners, accepted the revisions to the Conditions of Approval. Ms. Wisneski clarified that the resolution currently before the Commission has the required findings for the off- site parking so a new or amended use permit will not be required when an off-site parking location is presented to the Planning Commission. Chair Tucker suggested adding language to the conditions stating that, "If space is occupied pursuant to an off- site parking agreement and the off-site parking agreement is terminated, either an alternative off-site parking agreement must replace the one terminated or the space that was occupied, pursuant to that agreement, must be vacated". Ms. Wisneski stated it will be included in the off-site agreement as well as the resolution for the parking management program . Discussion followed regarding the possibility of a time limit associated with the new condition. Staff will incorporate appropriate language to establish a timeframe. Secretary Myers suggested a sixty-day timeframe. Chair Tucker closed the Public Hearing. Page 2 of 4 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/18/14 Chair Tucker referenced the summary he developed and commented positively on staffs approach. Assistant City Attorney Leonie Mulvihill, stated that Mr. Mosher is misunderstanding the purposes of a Class 1 exemption under CEQA noting that the project is an approval of a Parking Management Plan and the City reviews the categorical exemptions and tries to determine if any of the classes describe the project and resulting physical impacts to the environment. Staff has found the class that most resembles the project, as there is no specific approval for a Parking Management Plan in CEQA. Staff has determined that a Class 1 is applicable. The description satisfies CEQA requirements. Discussion followed regarding allowed uses and the possibility of medical uses. Staff noted that no medical uses are proposed. Ensuing discussion pertained to the timing when proposed off-site parking will return to the Commission under occupancy scenarios A or B. Motion made by Chair Tucker and seconded by Commissioner Brown and carried (6 — 0) to adopt Resolution No. 1966, approving Conditional Use Permit No. UP2014-014 subject to the findings and conditions of approval and as amended per discussions above. AYES: Brown, Hiligren, Koetting, Lawler, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: Kramer 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 Ms. Wisneski reported that the next General Plan/Local Coastal Program Implementation Committee meeting is scheduled for January 7, 2015, and listed items to be considered at that time. She addressed the Committee's direction to staff at its last meeting and noted that the item, most likely, will be presented to the Planning Commission in March, 2015. 2. Update on City Council Items Ms. Wisneski noted there is a new Council and they will meet next on January 13, 2015. She reported that nothing is scheduled for the Planning Commission meeting of January 8, 2015, and requested direction regarding cancelling that meeting. Chair Tucker announced the cancellation of the Planning Commission's meeting of January 8, 2015, without objection. 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 - None IX. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 2:30 p.m . Page 3 of 4 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/18/14 The agenda for the Planning Commission meeting was posted on Friday, December 12, 2014, at 2:20 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 Friday, December 12, 2014, at 3:00 p.m. Larry Tucker, Chair "qct� � 6-��= V ers S cretar Page 4 of 4