Loading...
HomeMy WebLinkAbout1.0 - Draft Minutes CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers — 100 Civic Center Drive Thursday, April 9, 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—ChairTucker III. ROLL CALL PRESENT: Brown, Hillgren, Koetting, Kramer(arrived at 6:33 p.m.), Myers and Tucker ABSENT: Lawler(Excused) Staff Present: Brenda Wisneski, Deputy Community Development Director; Michael Torres, Assistant City Attorney; Fern Nueno, Associate Planner; 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 presented staff recommendations to continue Item No. 4 to the Planning Commission's next scheduled meeting of April 23, 2015. Motion made by Chair Tucker and seconded by Commissioner Brown to continue Item No. 4 of this agenda to the next regularly-scheduled Planning Commission meeting of April 23, 2015. AYES: Brown, Hillgren, Koetting, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: Kramer, Lawler VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF MARCH 19, 2015 Recommended Action: Approve and file Chair Tucker noted that written comments with corrections to the minutes were submitted by Mr. Jim Mosher. Chair Tucker opened public comments. Seeing no one wishing to comment, Chair Tucker closed public comments. Commissioner Kramer arrived at this juncture(6:33 p.m.). Motion made by Chair Tucker and seconded by Secretary Myers to approve the Planning Commission meeting minutes of March 19, 2015, as corrected. AYES: Hillgren, Koetting, Kramer, Myers and Tucker NOES: None ABSTENTIONS: Brown ABSENT: Lawler Page 1 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 4/9/15 VII. PUBLIC HEARING ITEMS ITEM NO. 2 HEIGHT OVERLAY DISTRICT ZONING CODE AMENDMENT (PA2015-047) Properties zoned Multiple Residential in Statistical Area A2 in West Newport Mesa Associate Planner Fern Nueno provided a PowerPoint presentation with details of the proposed Zoning Code Amendment. She addressed prior consideration of the matter by the Planning Commission, clarification of the parameters of the overlay, changes as directed by the Planning Commission, different flat and sloped roof height limits to allow for more architectural variation, the addition of guidelines to ensure quality architecture and materials, and discussion regarding the possibility of a Master Plan for public improvements and streetscapes. She reported receipt of two correspondence letters from the public regarding this matter. Associate Planner Nueno presented an example of a possible product type and a rendering of a proposed project at the Ebb Tide Mobile Home Park currently being reviewed by the City that could be developed under the provisions of the Overlay. She presented recommendations noting that the Planning Commission could make changes to the Overlay District regulations or include other recommendations before forwarding the matter to City Council. She noted that if approved by the Planning Commission, the Code Amendment would be forwarded to City Council for review and action on May 12, 2015. In response to Commissioner Koetting's inquiry, Associate Planner Nueno reported that staff included an additional finding indicating standards against which quality architectural material would be reviewed in the discretionary process. She added that future applications requesting the additional height per the Overlay provisions would be reviewed and action would be taken by the Planning Commission. Commissioner Hillgren stated he recalled a conversation about creating a sense of place and identity and stated he is not able to determine the difference between this matter and a specific plan. Associate Planner Nueno explained that there are two issues to review at this time. The first is the height overlay amendment which would be project and property specific and subject to providing additional public benefits. The second is the recommendation to create a Master Streetscape Plan to ensure a cohesive neighborhood with a coordinated street design. It would be an effective way for the City to ensure there is a sense of place. Commissioner Koetting commented on common open space and Associate Planner Nueno reported that it is intended to be dedicated to common recreational amenities in addition to landscaped pathways, private streets, and setbacks between buildings. She listed examples of possible recreational amenities. In response to Commissioner Brown's inquiry, Associate Planner Nueno confirmed that approval of the overlay amendment does not preclude development of a specific plan in the future. Chair Tucker opened the Public Hearing. Jim Mosher expressed confusion noting that he does not see the code amendment language. He questioned the rationale in terms of why the City wants the height overlay, referenced a prior case, and opined that the overlay is contrary to the spirit of the General Plan, approved by the voters in 2006. Allan Beek, SPON, spoke in support of the correspondence submitted by SPON and expressed concern that the City is dealing with a single property and is piece-mealing the development of a large area that will change in the future. He stated that it should be developed in a planned way and expressed concern that it will become a high density area. He added that the proposed project should have some of its own service amenities and properties that are identifiable as homes, not as tenements. He noted that the General Plan specifically mentions the property as a place where a specific area plan should be used. He urged the Planning Commission to take a much broader view point and not piece-meal the matter. June Maier, Ebb Tide Mobile Home Park Homeowners Association, stated doubt that views would be created with the increased height and expressed concern with increased densities. She urged the Planning Commission to consider the big picture. Mary Jo Baretich, representing residents of the West Newport Mesa area, expressed concerns that this matter has not been adequately studied, that many issues have not been reviewed and that the community Page 2 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 4/9/15 and business owners should be allowed to participate in a study group to review the proposal and how it affects their quality of life. She added that consideration needs to be given to preserving existing affordable housing in the area as well as future traffic impacts and input from the Coastal Commission. She requested that the Planning Commission postpone its decision to allow sufficient time to conduct a full study of the potential impacts, to allow preparation of a new specific area plan for Statistical Area 2, and to prevent the rushing of the complex proposed on the Ebb Tide Mobile Home Park property. David Szecsei, homeowner within the proposed overlay zone, reported that the Sea Scape property is within the Coastal Zone as well as the overlay area. He stated there are specific height recommendations contained within the law and that these have not been dealt with. He indicated that more time should be given to study this matter and reported receiving a message from Charles Posner, Supervisor and Coastal Planner of the Coastal Commission who stated that if there is any change proposed in the City that affects the Local Coastal Program, it would need to go before the Coastal Commission to be certified in the Coastal Zone. He commented on the General Plan with respect to preserving existing affordable housing in the City. He commented on the proposed amendment noting it is not written in the typical language used in the Code and expressed concerns regarding potential traffic impacts and vague language regarding parking. Jeff Wolf, Ebb Tide Mobile Home Park resident, commented on residents having to relocate and reported that the money they are being offered to move does not cover relocation expenses. He noted the need to preserve affordable housing in the area and addressed parking impacts as a result of the proposed overlay zone. He urged the Planning Commission to take its time and analyze the matter, carefully. Chair Tucker noted that the hearing at this time has to do with building height and does not have anything to do with the development of a project. There will be a separate hearing for the development of the project and that City Council is the only jurisdiction to decide on the adequacy of relocation proposals. Timothy Richey, Ebb Tide Mobile Home Park Homeowners Association, urged the Planning Commission to take another, longer look at the height overlay. Sunti Kumjim, representing the applicant on a proposed project in the West Newport Mesa area, provided a PowerPoint presentation in support of the height overlay to allow three-story homes with roof-top decks. He stated that the amendment does not decrease parking requirements, and does not increase density or floorarea ratios. He added that overlay criteria would significantly increase the required street enhancements, common open space requirements, and the amendment is not out of context for the area. He stated that it provides benefits to future residents and the City. In response to inquiries from Commissioner Hillgren, Mr. Kumjim addressed setbacks with and without the overlay requirements, accommodating roof-top decks, street enhancements and landscaping. Associate Planner Nueno explained that the street setback area includes walls and landscaping. David Chi, Seacliffe Mobile Home Park, co-owner, spoke in support of the proposed increased height and did not believe that traffic would be impacted. Chair Tucker closed the Public Hearing. Chair Tucker explained the issues at hand including the height increase and whether a specific plan should be recommended to Council. He noted that the Overlay addresses height and would have no effect on traffic or parking. In response to his inquiry, Associate Planner Nueno referenced Exhibit B of the resolution noting that they address the changes that would be made in the Code. Chair Tucker confirmed that what has been set forth in the resolution is what will be included in the Code Amendment that will be presented to Council. Assistant City Attorney Michael Torres reported that, prior to the meeting, staff developed a red-lined amendment of the Code language based on what has been reviewed by the Planning Commission. Staff distributed copies to the Commissioners and public. Page 3 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 4/9/15 Chair Tucker addressed the allegation that this is a piece-meal project, and he reiterated that the project before the Commission only has to do with height with no other changes. He reported that Coastal staff has not communicated with the City or Planning Commission regarding this matter. Deputy Community Development Director Wisneski reported that a corner of the overlay is located in the Coastal Zone, but because the City does not have a certified Local Coastal Program, the overlay is not subject to the Coastal Commission's review. Chair Tucker commented on the issue of a specific plan and stated that it does not work in the context in which the subject property is set based on its built out conditions and segmented ownership. He added that he does not see where a specific plan would be practical. Chair Tucker presented suggested text changes to the proposed resolution clarifying Statement of Fact No. 9,Finding No. 5, and Decision No. 2. Motion made by Chair Tucker and seconded by Commissioner Brown, to adopt Resolution No. 1977 as amended recommending City Council approval of Code Amendment No. CA2015-004. Discussion followed regarding the desire for an overall streetscape Master Plan, undergrounding utilities as part of the Master Plan, project-specific requirements for additional guest parking, and the maximum height allowed for enclosed stairwells and similar structures. Chair Tucker suggested changes to the code amendment text included as the revised Exhibit B to the resolution to require quality materials and that the building materials be applied in a quality fashion. AYES: Brown, Hillgren, Koetting, Kramer, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: Lawler ITEM NO. 3 COASTAL LAND USE PLAN AND CITY COUNCIL POLICY L-12 AMENDMENT: OCEANFRONT ENCROACHMENT PROGRAM (PA2013-057) APN 048-310-01 consisting of unimproved right-of-way extending west of E Street to Channel Road Deputy Community Development Director Wisneski provided a PowerPoint presentation addressing background, subject area, existing conditions, code violations and existing encroachment program for the West Newport area and the proposed program for the East Newport area. Encroachment permit fees and the use of these fees for improvements of public access was also addressed. It was further explained that the proposed amendment was intended to address existing private improvements within the City's 15-foot right-of-way. While these improvements have been in place for several decades, the California Coastal Commission issued Notices of Violation to fifteen property owners on the basis that the development is located on a public beach. City staff has coordinated with a representative of the residents and Coastal Commission staff in effort to develop a comprehensive solution to the situation. Development of the Encroachment program is one piece to the solution. Other actions, such as addressing the improvements beyond the 15 feet, will be presented to the City Council for consideration. In response to Commissioner Koetting's inquiry, Deputy Community Development Director Wisneski commented on possible scenarios and options depending on the willingness of property owners to participate. The encroachment is voluntary. Chair Tucker inquired regarding the restoration plan for the removal of improvements beyond the 15-foot right-of-way and use of the money collected from fees. Deputy Community Development Director Wisneski reported that it is the City's desire to use encroachment fees with one option being to implement the restoration plan. The City will need to negotiate with the Coastal Commission regarding that matter. Page 4 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 4/9/15 Discussion followed regarding utilization of an encroachment zone on the west side and encroachments on Oceanfront. Commissioner Brown observed that the encroachment zone seems to be working on the west side. In response to Commissioner Hillgren's question, Deputy Community Development Director Wisneski addressed the variation of the extent of the encroachments along the subject area. Chair Tucker opened the Public Hearing. Jim Dillman reported that there is a lot of ice-plant growth in some of the encroachments and stated there needs to be an explanation of where the encroachment fee monies will be spent and how it will be allocated for development of the area and access. Tom Armbruster hoped that there will be an extension of the boardwalk from E Street to Channel Road. He encouraged the Planning Commission to move forward with the matter. Jim Mosher wondered if the properties have a setback from the property lines and observed they seem to be built right to the property line. He commented on fifteen feet intended as a boardwalk or public passageway and noted that it is still public property. He did not believe it is in the public's interest for its property to be privatized and did not feel the City should encourage private encroachments. He added this is a planning and a recreation issue and did not think Council should act on this without advice from the Parks, Beaches and Recreation Commission. Jim McGee, representing the Newport/Peninsula Point Encroachment Committee, reported that the group has been actively involved with City Council, staff and the Coastal Commission trying to develop an approach that would allow for a resolution of the notices of violation that have been sent out by the Coastal Commission. He commented on the adoption of Policy L-12 and noted that the City specifically excluded Peninsula Point from the policy. He reported that currently, there is no uniformity to date and reported that if Council adopts the proposed amendment, it increase uniformity, among other benefits and will generate revenue for the City. He urged that the Planning Commission approve the matter for recommendation to Council. Chair Tucker closed the Public Hearing. Discussion followed regarding the origin of the right-of-way in question, the program being strictly voluntary, where the encroachment fees are to be spent, the term of the permit, actions required if a permit is not renewed by the City, consideration by the Parks, Beaches and Recreation Commission, and setbacks in the area. It was noted that the area will always be a public area so the City has a right to do with it, what it wants. Motion made by Commissioner Koetting and seconded by Chair Tucker, including modification of the amendment clarifying that the encroachment funds could be used for the removal of unpermitted development, to adopt Resolution No. 1978 recommending the City Council adopt the Coastal Land Use Plan amendment No. LC2013-002 establishing an Encroachment Permit Program for East Oceanfront. AYES: Brown, Hillgren, Koetting, Kramer, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: Lawler VIII. STUDY SESSION ITEM NO. 4 LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (PA2013-001) Citywide Page 5 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 4/9/15 The aforementioned item was continued to the April 23, 2015, Planning Commission meeting as indicated under Requests for Continuances. IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION - None ITEM NO. 6 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Deputy Community Development Director Wisneski addressed the Planning Commission's upcoming schedule. In response to Commissioner Koetting's inquiry, she noted that staff is proposing an amendment for the Lido House land use designation which will be presented to the Planning Commission on May 21, 2015. 1. Update on the General Plan/Local Coastal Program Implementation Committee Deputy Community Development Director Wisneski reported that the LCP Committee met and reviewed the proposed program focusing on overnight visitor accommodations. She added that staff had a successful meeting with Coastal Commission staff. 2. Update on City Council Items - None ITEM NO. 7 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT In response to Commissioner Hillgren's inquiry, Deputy Community Development Director Wisneski provided information regarding the application process for new Planning Commission appointments. Commissioner Kramer requested an update on Capital Improvement Projects. It was stated that this item was scheduled for May 7, 2015. Commissioner Kramer also reminded staff that he requested information regarding tracking of General Plan amendments as they pertain to Charter Section 423 and making this information available to the public on the City's website. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES Commissioner Koetting requested an excused absence for the Planning Commission meeting of April 23, 2015. X. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 8:06 p.m. to the Planning Commission meeting of April 23, 2015. The agenda for the Planning Commission meeting was posted on Friday, April 3, 2015, at 1:25 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, April 3, 2015, at 1:20 p.m. Larry Tucker, Chair Jay Myers, Secretary Page 6 of 6 Planning Commission - April 23, 2015 Item No. 1 a: Additional Materials Received Draft Minutes of April 9, 2015 April 23, 2015, Planning Commission Agenda Comments Comments on Newport Beach Planning Commission regular meeting agenda item submitted by: Jim Mosher( iimmosher(oo)yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 1: MINUTES OF APRIL 09, 2015 Changes to the draft minutes passages shown in italics are suggested in strikeout underline format. 1. Page 1, Item V, paragraph 1: "... Brenda Wisneski presented a staff mna.mmendadans recommendation to continue Item No. 4 ..." 2. Page 2, paragraph 3 from end: "Allan Beek ... expressed concern that the City ... is pieee mealiag piecemealinq the development .... He urged the Planning Commission to take a much broader view paint viewpoint and not pieee meal piecemeal the matter." 3. Page 3, partial paragraph 1, line 2 from end: "... to allow preparation of a new specific area plan for Statistical Area A2, ..." 4. Page 3, first full paragraph, sentence 1: "David Szecsei, homeowner within the proposed overlay zone, reported that the Sea Seape Seascape property is within the Coastal Zone as well as the overlay area." [note Seascape Drive provides access to a multifamily development on the northwest corner of Ticonderoga and Superior, at the entrance to Newport Crest. The homeowners association appears to be called the "Seawind Newport Community Assoc."] 5. Page 3, paragraph 2: "Jeff kYelf Wolfe, Ebb Tide Mobile Home Park resident, ..." 6. Page 3, paragraph 5: "... to allow three-story homes with reef-top rooftop decks. ... does not increase density or ffeerarea floor area ratios." 7. Page 3, paragraph 6: "... accommodating reefto rooftop decks, ..." 8. Page 4, paragraph 1: "Chair Tucker addressed the allegation that this is a pieGe Meal piecemeal project, ..." 9. Page 4, Item 3, paragraph 1, sentence 3 from end: "City staff has coordinated with a representative of the residents and Coastal Commission staff in an effort to develop a comprehensive solution to the situation." 10. Page 5, paragraph 8, sentence 2 from end: "He reported that currently, there is no uniformity to date and reported that if Council adopts the proposed amendment,it will increase uniformity, among other benefits and will generate revenue for the City."