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HomeMy WebLinkAbout01/22/2015 - Planning Commission CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers —100 Civic Center Drive Thursday, January 22, 2015 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 III. ROLL CALL PRESENT: Hillgren, Koetting, Kramer, Myers and Tucker ABSENT(Excused): Brown and Lawler Staff Present: Brenda Wisneski, Deputy Community Development Director; Michael Torres, Assistant City Attorney; Tony Brine, City Traffic Engineer; Patrick Alford, Planning Manager; Benjamin Zbeda, Assistant Planner; Melinda Whelan, Assistant Planner; Jason Van Patten; Planning 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 Regarding Item No. 4, Deputy Community Development Director Brenda Wisneski reported that the applicant has requested continuing the item to February 19, 2015. Chair Tucker asked if anyone from the public wanted to comment. No one requested to provide comment. Motion made by Chair Tucker and seconded by Commissioner Hillgren to continue Item No. 4 to the Planning Commission meeting of February 19, 2015. AYES: Hillgren, Koetting, Kramer, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: Brown and Lawler VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF DECEMBER 18, 2014 Recommended Action: Approve and file Chair Tucker noted that written corrections to the minutes of December 18, 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 Chair Tucker and seconded by Commissioner Koetting to approve the Planning Commission meeting minutes of December 18, 2014, as corrected. Page 1 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 1/22/15 AYES: Hillgren, Koetting, Kramer, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: Brown and Lawler VII. PUBLIC HEARING ITEMS ITEM NO.2 2727 SHELL STREET SENIOR DWELLING AMENDMENT (PA2014-192) 2727 Shell Street Assistant Planner Melinda Whelan provided a presentation addressing the location of the subject property, existing conditions, details of the request, purpose of the amendment, proposed changes, compliance with Code requirements for Senior Accessory Dwelling and recommendations. Discussion followed regarding required Commission actions, confirming the accessary unit is an existing unit, clarification of Conditions of Approval relative to Senior Accessory Dwellings and required parking and location of handicap parking. Chair Tucker opened public comments. Jim Mosher corrected a typographical error in the resolution, noted the items under consideration, commented on exemptions granted in regards to the primary dwelling unit and suggested the need for clarification of the proposed remodeling project. Additionally, he addressed the State law relevant to Senior Accessory Dwellings noting that it is not a mandate or requirement and the referenced Government Code Section is obsolete. Chair Tucker closed public comments. Ms.Whelan stressed that the remodel is within Code requirements and does not require discretionary approval. Ms. Wisneski referenced the Government Code Section and noted that the City continues to implement its Municipal Code regulations. Motion made by Vice Chair Kramer and seconded by Commissioner Koetting to adopt Resolution No. 1967 approving Conditional Use Permit No. UP2014-041. AYES: Hillgren, Koetting, Kramer, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: Brown and Lawler ITEM NO. 3 ORANGE COUNTY VAN RENTAL CUP(PA2014-185) 20042 Cypress Street Secretary Myers recused himself from hearing this matter due to an economic interest in a property less than 300 feet from the subject property and departed the Chambers. Assistant Planner Benjamin Zbeda provided a presentation addressing details and purpose of the request, proposed hours of operation, outsourcing of vehicle services, location, surrounding uses, zoning, existing conditions, parking, floor plan, unpermitted alterations and conditions to remedy same, consistency with the Zoning Code and General Plan, compatibility with the surrounding area, requirement to build a block wall between properties, project-specific Conditions of Approval and recommendations. Discussion followed regarding identification of the project applicant, off-site storage facility, proposed use of the site, employee parking, the block wall, landscaping and lighting. Chair Tucker opened public comments. Page 2 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 1/22/15 Jim Mosher expressed concerns regarding expansion of the airport and suggested corrections to the Conditions of Approval. Ali Soltani, Applicant, responded to questions from the Commission regarding landscaping, proposed signage and the number of vans allowed on the property. Chair Tucker closed public comments. Mr. Zbeda reported that staff has not received any public inquiry regarding this item. Motion made by Vice Chair Kramer and seconded by Chair Tucker to adopt Resolution No.1968 approving Conditional Use Permit No. UP2014-040 with an added Condition of Approval relating to adding landscaping enhancements and striking the word "either" on Condition No. 19 and replace it with the word "be". AYES: Hillgren, Koetting, Kramer and Tucker NOES: None ABSTENTIONS: None ABSENT: Brown and Lawler RECUSED: Myers ITEM NO.4 SESSIONS SANDWICHES ABC LICENSE(PA2014-153) 2823 Newport Boulevard The aforementioned item was continued to the Planning Commission meeting of February 19, 2015, per the applicant's request and Planning Commission motion under Requests for Continuance. Secretary Myers returned to the Chambers and took his place on the dais. Items No. 7, 8 and 9 were heard at this juncture at the request of Chair Tucker. ITEM NO. 5 BALBOA ISLAND RESIDENTIAL CONDOMINIUM PROHIBITION CODE AMENDMENT (PA2014-170) Balboa Island/Little Balboa Island Chair Tucker recused himself from hearing this matter due to ownership of a house on Little Balboa Island, and departed the Chambers. Planning Program Manager Patrick Alford provided details of the staff report addressing a description of the item, restoring the prohibition that was inadvertently omitted during the last Zoning Code update, validity of the grounds for the prohibition and recommendations. Additionally, he addressed existing condominiums, which would again become non-conforming and noted that staff does not feel that the restrictions for nonconforming land uses would not apply in this case and noted that the effects of the amendment will be minimal. Discussion followed regarding why it took so long to discover the omission. Vice Chair Kramer opened public comments. Jim Mosher requested clarification regarding the two non-conforming units. Vice Chair Kramer closed public comments. Discussion followed regarding applicability to the Commercial District and noticing efforts provided for this matter. Vice Chair Kramer indicated he is in favor of the resolution adding that it preserves the unique character of Balboa Island. Page 3 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 1/22/15 Motion made by Vice Chair Kramer and seconded by Secretary Myers to adopt Resolution No. 1969 recommending City Council approval of Code Amendment CA2014-007. AYES: Hillgren, Koetting, Kramer and Myers NOES: None ABSTENTIONS: None ABSENT: Brown and Lawler RECUSED: Tucker VIII. 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 Deputy Community Development Director Wisneski provided an update on the General Plan/Local Coastal Program Implementation Committee noting that it met for a short meeting in January. She stated that four workshops will be held in February and March focusing on specific areas of the Coastal Zone. The item will be presented to the Planning Commission in April. Commissioner Hillgren noted the need for improved communication relative to committee meetings. It was noted that the next Committee meeting will follow the second City Council meeting in February. Discussion followed regarding the timeline and approval of marketing materials. 2. Update on City Council Items Ms. Wisneski reviewed items discussed and acted upon at recent City Council meetings as well as items to be considered during upcoming meetings. She added that there are no items for the Planning Commission agenda for its February 5th meeting and therefore, requested adjourning the meeting to the meeting of February 19th. ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT Commissioner Koetting commented positively on staff's summary of the Mariner's Mile Charrette and suggested that a presentation be made regarding the findings, to the Planning Commission at a future meeting. ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES- None IX. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 7:25 p.m. to the Planning Commission meeting of February 19, 2015. Page 4 of 5