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HomeMy WebLinkAbout1.0 - Draft Minutes CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers — 100 Civic Center Drive Thursday, April 23, 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, Kramer, Lawler and Tucker ABSENT: Koetting (Excused)and Myers(Excused) Staff Present: Kimberly Brandt, Community Development Director; Brenda Wisneski, Deputy Community Development Director; Michael Torres, Assistant City Attorney; Tony Brine, City Traffic Engineer; Patrick Alford, Planning Manager; Gregg Ramirez, Senior Planner; Benjamin Zdeba, Assistant 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. Jim Mosher addressed the Planning Commission's tentative agenda of upcoming meetings and referenced an upcoming review of the City's Capital Improvement Projects. He stated there is a State law requirement that someone in the City has to make a finding of consistency with the General Plan for all Public Works projects and another that all agencies that perform Public Works projects in the City are required to submit a list of all projects that are being planned or slated to begin construction. The Planning Division is required to develop a single, coordinated plan and statement of consistency with the General Plan. He hoped that the matter will be clarified in terms of who and when is making the finding of consistency with the General Plan. Robert Kopicki reported a serious traffic problem on Pacific View Drive relative to construction truck traffic. He listed the various schools and other facilities in the area, noted the dangers involved and stressed that something should be done to provide a permanent"fix" to the problem. He suggested installing three-ton truck weight limit signs at the north and south ends of Pacific View Drive. Chair Tucker noted that the Planning Commission only reviews applications that are submitted and that the matters addressed by Mr. Kopicki are under the purview of City Council. He suggested that Mr. Kopicki take his concerns to Council. City Traffic Engineer Tony Brine stated he will continue to follow up with Mr. Kopicki regarding the matter. Chair Tucker closed Public Comments. V. REQUEST FOR CONTINUANCES - None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF APRIL 9, 2015 Chair Tucker noted that written comments with corrections to the minutes were submitted by Mr. Jim Mosher. Chair Tucker opened public comments. Jim Mosher stated that the City Council only reviewed the Planning Commission minutes when they consider items recommended by the Planning Commission. Therefore, the Council does not routinely see Planning Commission minutes, at all. He referenced Item No. 4 in the present agenda and noted that since the Page 1 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 4/23/15 Commission will not meet for a month, Council will more-than-likely see the draft minutes or an action report, not the approved minutes. Chair Tucker closed public comments. Motion made by Chair Tucker and seconded by Commissioner Hillgren to approve the Planning Commission meeting minutes of April 9, 2015, as corrected. AYES: Brown, Hillgren, Kramer and Tucker NOES: None ABSTENTIONS: Lawler ABSENT: Koetting and Myers VII. PUBLIC HEARING ITEMS ITEM NO. 2 NEWPORT DOWNTOWNER USE PERMIT (PA2015-005) 3456 Via Oporto Assistant Planner Benjamin Zdeba provided a PowerPoint presentation and described the request for a small-scale transportation service that would use three of the eight employee parking spaces. As proposed, the service would operate three small electric vehicles and provide rides free of charge between the hours of 11:00 a.m. to 11:00 p.m.to customers who request rides via a cell phone application. He explained that, unlike a tradional taxi service, the Downtowner makes revenue through advertising on their low speed vehicles. He further explained that the use is considered an "accessory use" to the existing Elk's Lodge and that it is consistent with the General Plan and Zoning designations. In response to Commissioner Lawler's inquiries, Assistant Planner Zdeba reported that the Elks Lodge was established in the 1950s and is non-conforming. It does not have what the Code requires today, in terms of parking, but is authorized to use the Municipal Lot by way of an agreement with the City. He indicated the on- site parking spaces are employee spaces and that the Municipal Lot provides parking for members. In reply to Commissioner Hillgren's inquiries, Assistant Planner Zdeba stated that one of the company's goals is to be environmentally friendly by having employees and members use the free transportation service. He added that it is anticipated that the employees (drivers) will live in the area and ride their bikes, walk or get a ride on the shuttle to the site. Chair Tucker commented on the hours of operation and Assistant Planner Zdeba reported that staff did not feel that a condition of approval was necessary relative to hours of operation. He added that the vehicles are electric and there will be no noise associated with their use. He indicated that if the parking spaces were lost or more vehicles were added, an amendment to the use permit would be required. Chair Tucker noting there is no condition indicating the vehicles be "low-speed". Assistant Planner Zdeba reported that the Vehicle Code limits these types of vehicles to low-speed streets and therefore, they will be purely confined to the Peninsula area. Chair Tucker noted that it is independent of the parking issue. City Traffic Engineer Brine reported that the project description indicated that the vehicles will be low-speed vehicles and staff specified they would need to follow the Vehicle Code requirements for low-speed vehicles. They cannot drive the vehicles on roadways where the speed limit is 35 mph or higher. Commissioner Brown confirmed that the vehicles are smaller than a regular car and in response to his inquiry, Assistant Planner Zdeba commented on the possibility of restriping the lot thereby, allowing for parking the three vehicles in two parking spaces rather than three. Deputy Community Development Director Brenda Wisneski added that the intent is to ensure that parking spaces remain available for employees when the Downtowner vehicles are not there. Commissioner Hillgren referenced compliance with the Municipal Code relative to "vehicles for hire" and Assistant City Attorney Michael Torres reported that section of the Code refers to taxis and that it is included Page 2 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 4/23/15 in case other taxi services are offered in the future. It was noted that "vehicles for hire" and taxis are addressed separately in the Code and require different permits. The City would have to authorize the issuance of any sort of taxi permit, in the future, should the operator change. Chair Tucker commented on this being "short-haul" type of use and asked regarding the process if the use becomes more widely available. Assistant Planner Zdeba stated that if the Commission wants to limit the use to low-speed vehicles, adding a condition to that effect would be appropriate. In reply to Commission Hillgren's question, Assistant Planner Zdeba reported that the speed limit constrains the Downtowner route to the Peninsula. Chair Tucker opened the Public Hearing. Sam Knapp, Applicant, thanked the Commission and staff and addressed the organization's mission with respect to the subject application. He addressed average rides-per-hour and offering transportation services to community organizations during non-peak hours as well as other benefits. Jake Allsop, Applicant, addressed the environmentally-friendly vehicles and alleviating traffic congestion and offered to respond to questions from the Commission. Chair Tucker asked if there is objection to adding a condition that they must be low-speed vehicles and the applicants responded that they would not object. In reply to Commissioner Hillgren's question, Mr. Knapp reported that the service is not like a shuttle but rather would be a pre-arranged ride service. Clients will request rides via cell phones and Mr. Knapp reported that they will encourage employees to ride their bicycles and/or will pick employees at their homes using the vehicles. Mr. Knapp addressed required qualifications for the drivers and reported that the service will be regulated as a "transfer charter party". Jim Mosher commented on use of the parking lot by employees, Condition E related to the need for shared parking agreement and requirements relative to vehicles for hire. Regarding the latter, he commented on tips and opined the service is not compatible in terms of"vehicles for hire". Chair Tucker closed the Public Hearing. Chair Tucker addressed off-site parking agreements, vehicles for hire and tips and non-conforming parking in the area. Commissioner Kramer commented positively on the proposed application. In response to his inquiry as to possible changes in the demand for more vehicles, Deputy Community Development Director Wisneski reported that the applicant would need to apply for an amendment to the CUP to accommodate additional vehicles. Chair Tucker requested adding to Condition No. 13, that "vehicles participating in the transportation service shall be low-speed vehicles". Commissioner Hillgren commented positively on the proposed service and hoped that it will alleviate congestion and will serve the Lido Village area well. He added that it makes sense that the applicant would need to return to the Planning Commission if another location is added. Assistant City Attorney Torres suggested a modification to Condition No. 13, clarifying "low-speed vehicles", "as defined by California Vehicle Code Section 385.5 or any successor statue". Motion made by Commissioner Kramer and seconded by Chair Tucker to adopt Resolution No.1979 approving Conditional Use Permit No. UP2015-003 as modified relative to Condition No. 13, above. AYES: Brown, Hillgren, Kramer, Lawler and Tucker Page 3 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 4/23/15 NOES: None ABSTENTIONS: None ABSENT: Koetting and Myers ITEM NO. 3 DREWRY DECK VARIANCE (PA2015-040) 917 West Bay Avenue Senior Planner Gregg Ramirez provided a PowerPoint presentation describing the request for a second floor deck that would encroach 2-feet into the 10-foot front yard setback. He also provided information regarding the property location, site plan, existing conditions, surrounding properties with similar encroachments, required findings for variance approval. He further explained that staff's recommendation for denial was because all the findings for approval could not be made. In reply to Commissioner Lawler's inquiry regarding the property at 911 West Bay Avenue that was granted a discretionary approval, Senior Planner Ramirez reported that it fell under old regulations and, prior to the 2010 comprehensive Code update, approval of a modification permit would allow that type of an encroachment and that the modification permit findings were easier to make. Chair Tucker commented on the large number of modification permits applied for prior to the 2010 Zoning Code update. He added that at some point fewer exceptions were allowed. In response to Commissioner Hillgren's inquiry relative to special dispensations for architectural enhancements, Senior Planner Ramirez reported there are general architectural guidelines in the Code. He added that if the Commission approves staffs recommendation and denies the request the applicant could appeal the decision to the City Council. Commissioner Brown commented on a previous similar variance request that was heard by the Planning Commission and that resulted in an amendment to the zoning code. Senior Planner Ramirez clarified there is no special exception for setbacks as you go vertical. Chair Tucker opened the Public Hearing. Theresa "Terri" Drewry, Applicant, stated she researched the matter and felt she had done her due diligence. She addressed the required findings and felt that they can be made with respect to her property. She distinguished between sites, lots and properties, addressed surrounding properties and noted that her neighbors support the project. Jim Mosher pointed out typographical errors within the Resolution and expressed sympathy with the applicant but noted the need to comply with the Code. Chair Tucker closed the Public Hearing. Members of the Commission noted the need to follow the Municipal Code. The applicant was encouraged to appeal the Planning Commission's decision to City Council. Motion made by Commissioner Lawler and seconded by Commissioner Hillgren to adopt Resolution No.1980 denying Variance No. VA2013-002. AYES: Brown, Hillgren, Lawler and Tucker NOES: Kramer ABSTENTIONS: None ABSENT: Koetting and Myers ITEM NO. 4 MINOR AMENDMENTS TO NEWPORT BEACH ZONING CODE (PA2015-056) Citywide Page 4 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 4/23/15 Planning Program Manager Patrick Alford gave an overview of the minor amendments to the Zoning Code intended to correct unintended changes to land use and property development regulations. He presented details of each suggested amendment and reported that bulkhead setbacks were removed from consideration as the scope of the change is more involved than anticipated noting it will be addressed in a later amendment. Additionally, he referenced a revised Exhibit A involving minor wording changes to Item No. 3 and reported that Items No. 8 and 9 have been consolidated. Commissioner Hillgren offered corrections to the staff report and requested clarification relative to food service. Planning Program Manager Alford explained that the "outdoor dining" was originally authorized as "accessory outdoor dining" and the idea was that it would be an option, tied to the amount of interior net public area. It excluded the first 25% of the interior net public area from the parking requirement. The basic intent behind this incentive was lost when the Code was updated in 2010. Chair Tucker opened the Public Hearing. Jim Mosher offered corrections to typographical errors and opined the CEQA finding seems odd. He expressed difficulty in understanding what is being changed, questioned some of the suggested changes and suggested others. Chair Tucker closed the Public Hearing. Planning Program Manager Alford addressed comments by Mr. Mosher. Planning Program Manager Alford reported that the language will be cleaned up when it is presented to Council and confirmed that the relevant Code sections will be included in the exhibits. Deputy Community Development Director Wisneski reported that the staff report has a more-extensive description of the CEQA findings and recommended that they be incorporated into the resolution. Motion made by Chair Tucker and seconded by Commissioner Brown to adopt Resolution No.1981 recommending City Council approval of Code Amendment No. CA2015-005, incorporating the CEQA findings within the staff report into the resolution and with minor technical corrections as discussed. AYES: Brown, Hillgren, Kramer, Lawler and Tucker NOES: None ABSTENTIONS: None ABSENT: Koetting and Myers VIII. CONTINUED BUSINESS ITEM NO. 5 LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (PA2013-001) Citywide Deputy Community Development Director Wisneski introduced the item and reported that the original schedule has changed and that the Public Hearing process will begin in the fall. She stated she will continue providing brief updates at subsequent Commission meetings and added that when it gets closer to the Public Hearing, study sessions will be held to help in better understanding the regulations contained in the plan. Planning Program Manager Alford provided a PowerPoint presentation addressing the Coastal Zone, requirements for the Coastal Zone, background, how the plan fits into the City's regulatory organization, existing LCP for the Newport Coast area, elements of the plan, the community outreach stage and efforts, community meetings, formation and members of a rapid response team, upcoming meetings and topics, details of the revised schedule and next steps. Brief discussion followed regarding public access. Page 5 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 4/23/15 Planning Program Manager Alford reported that public access areas are identified in the Coastal Land Use Plan and that the LCP sets up procedures that determine if a project has impacts that would require some form of public access. It also protects existing public access and sets standards and procedures to provide vertical and lateral access and how dedications and easements would be executed. In reply to Chair Tucker's question regarding outreach to coastal bluff and canyons residential owners, Planning Program Manager Alford explained the noticing process. He added that all community workshops were preceded by ads in the local newspaper and noted the attendance. Community Development Director Brandt reported that one of the things that have been made clear through the workshops is that the draft document is written in such a way that the current categorical exclusions will remain. She added that the canyon areas currently do not require Coastal Development Permits and the draft plan maintains that status. If there is a change, staff will route that through Planning Commission and City Council hearings. Ultimately, the Planning Commission and City Council will adopt the draft that will be forwarded to the Coastal Commission. If the Coastal Commission changes it, it will come back to the community, the Planning Commission and City Council to review the suggested modifications and, appropriate noticing will be made. Chair Tucker commented on the importance of affected residents to attend the Coastal Commission hearings and encouraged letting residents know. Community Development Director Brandt agreed and stated that as the process progresses; it will be incumbent upon staff to keep residents informed. In response to Commissioner Kramer's request, Planning Program Manager Alford reported that the implementation plan will be separate from the Zoning Code so that the City can keep the Zoning Code intact, should there be a need for amending the Zoning Code without appearing before the Coastal Commission. He confirmed that the Newport Coast LCP will remain independent for the time being. Community Development Director Brandt addressed the cooperative agreement the City has in place with Newport Coast and noted that it included a provision that all of the entitlement in Newport Coast would be administered through the County of Orange. There is a provision which has become State law; that the City of Newport Beach needed to diligently pursue the adoption of the LCP which would be a milestone for the City to achieve. If the City did not meet the milestone, it needed to pay a fine ($1000 per month) until such time that the LCP was certified. She added that for the last few years, the City has been paying $12,000 per year to a conservancy fund. She addressed the current focus and reported that once it is achieved, the City will focus on making the appropriate changes to the Newport Coast LCP. She estimated the process to take eighteen months to two years. Discussion followed regarding integration of the Newport Coast LCP with the City's LCP, involvement of The Irvine Company, possible shifts in the permitting authority and the importance of letting those residents who are directly affected, know about the process. Chair Tucker opened public comments. Jim Mosher stated that the entire purpose of the Implementation Plan is for the City to be able to issue Coastal Development Permits and suggested the Planning Commission may want a quick summary of what role it would play in the day-to-day issuance of those permits. Gordon Craig, Back Bay Landing, encouraged that the Implementation Committee and staff consider referencing the Back Bay Landing project, where appropriate, in its future drafts. Chair Tucker closed public comments. Planning Program Manager Alford addressed the Back Bay Landing project and reported it is the City's intent not to require a separate amendment to incorporate that project into the document and staff will include it in a Page 6 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 4/23/15 future draft. Additionally, he addressed issuance of Coastal Development Permits and the corresponding approval authority. Community Development Director Brandt commented on the streamlined process for obtaining Coastal Development Permits. IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION - None ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Deputy Community Development Director Wisneski provided an update on Planning Commission related items recently considered by City Council. She addressed the Planning Commissions tentative agenda and suggested cancelling the May 7, 2015, Planning Commission meeting. Brief discussion followed regarding the Lido House Hotel project. ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT Commissioner Kramer requested a follow-up regarding a memo sent to Council relative to Mariners Mile and Deputy Community Development Director Wisneski reported that no response has been received but stated that the budget includes some funding to look at planning issues in Mariners Mile. Commissioner Hillgren commented on an area where landscaping is being worked on. Staff will follow-up and report back to the Commission. ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES - None X. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 8:47 p.m. to the Planning Commission meeting of May 21, 2015. The agenda for the Planning Commission meeting was posted on Friday, April 17, 2015, at 2:52 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 17, 2015, at 2:42 p.m. Larry Tucker, Chair Jay Myers, Secretary Page 7 of 7