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HomeMy WebLinkAbout3.0 - Draft Minutes CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers — 100 Civic Center Drive Thursday, July 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—Vice Chair Kramer III. ROLL CALL PRESENT: Brown, Hillgren, Koetting, Kramer, Lawler, Myers Staff Present: Brenda Wisneski, Deputy Community Development Director; Michael Torres, Assistant City Attorney; Tony Brine, City Traffic Engineer; Jaime Murillo, Senior Planner; Makana Nova, Associate Planner; Jennifer Biddle,Administrative Support Specialist IV. PUBLIC COMMENTS - None V. REQUEST FOR CONTINUANCES Deputy Community Development Director Brenda Wisneski requested continuing Item No. 1 (approval of the minutes of June 8, 2015) as three Commissioners were not at the last Planning Commission meeting and there would not be a quorum for voting. Staff will ask one of the Commissioners who were not present at the last meeting, to review the audio in order to be able to vote on the matter at the next meeting. VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF JUNE 18, 2015 Recommended Action: Approve and file Continued to the Planning Commission meeting of July 23, 2015. VII. PUBLIC HEARING ITEMS ITEM NO. 2 FLOWER RESIDENCE PARKING REDUCTION (PA2015-065) Site Location: 4024 Channel Place Senior Planner Jaime Murillo provided details of the staff report addressing location, a history of permits, changes that happened to the dwelling without the benefit of permits, existing conditions, garage conversions, parking, findings, conditions to enhance compatibility with the neighborhood, and staff recommendations. In reply to Vice Chair Kramer regarding the recommended covenant and ability to build a new residence on the property, Senior Planner Murillo reported that should they want to build a new residence, they would have to bring parking into compliance with current codes in effect at the time. Commissioner Hillgren noted that the current owner did not initiate the changes and asked regarding the City's recourse with the present owner. Assistant City Attorney Michael Torres stated that the City would go after the current owner if the project is not approved. The current owner would be responsible for bringing the property into compliance. Failure to disclose would be a private action between the current and previous property owners. Commissioner Lawler noted examples of similar properties and asked why they are not in a similar "boat" to this applicant. Senior Planner Murillo explained that in this case, they were previously code-compliant and that without a permit, they illegally converted the garage. The other properties were developed at a time when only one parking space was required and are considered legal, non-conforming and can continue with Page 1 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 7/9/15 their property rights. Should they approach the City to add floor area to their properties, they would be subject to the non-conforming limitations in the Zoning Code. Discussion followed regarding whether staff conducted a survey of similar properties in the neighborhood, other legal non-conforming properties in the neighborhood, property inspections, the possibility of requiring a site inspection with residential building reports, requiring that the seller provide a history of the property, Code requirements relative to the number of parking spaces in garages, the permit history of the property, and the possibility of setting a precedence if the item is approved. In reply to Commissioner Koetting's question, Assistant City Attorney Torres reported that every application before the Planning Commission stands on its own. Senior Planner Murillo noted that should the present or future owner want to expand the property, they would have to bring parking into compliance. Deputy Community Development Director Wisneski added that should the project be approved, the conditions of approval place greater restrictions on the property as compared to other legal, non-conforming properties. Vice Chair Kramer opened the Public Hearing. Coralee Newman, Government Solutions Inc., representing the applicant, Mike Flower, reported reviewing the staff report and noted agreement with all conditions of approval. She hoped that the Commission will agree with staffs recommendations and approve the project. She noted meeting with staff on several occasions and addressed the benefit of moving forward with the CUP. She stated she has a copy of the request for a City inspection noting that the seller denied the request and reported that the buyer did his due diligence. She commented on a building permit issued to Greystone Development by the City. She addressed parking requirements when the house was built, improvements to the parking, and described the condition of the property during an open house. She stated the project is a win-win for the City and the property owner. In response to Commissioner Hillgren's question, Ms. Newman reported that no other improvements are contemplated for this application. In response to Commissioner Brown's inquiry, Senior Planner Murillo reported that the costs of the required as-built building permit are based on the valuation of the work to be done. Vice Chair Kramer invited public comments. There was no response and Vice Chair Kramer closed the Public Hearing. In reply to Commissioner Koetting's question, Senior Planner Murillo clarified that parking may be reduced based on demonstration that the parking demand is less than the required number of spaces. Commissioner Koetting questioned whether this sets precedence for future requests for similar conversions. Deputy Community Development Director Wisneski reported that future applications would be reviewed on their own merit. Assistant City Attorney Torres added that the City has a reactive Code Enforcement Department, responding only to complaints. Vice Chair Kramer commented on the project and expressed concern regarding setting a precedence. He added that given the condition that the applicant will provide new on-street parking, it acts as sufficient mitigation for the conversion of the garage space. Commissioner Hillgren did not feel this item sets precedence and noted that the owner is prepared to provide another on-street parking space. He commented on asking the owner to pay for permits on work that they Page 2 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 7/9/15 didn't do and suggested changes to Condition No. 1 to say that "the home shall remain consistent with the existing improvements or plans", and commented on Conditions No. 2 and 4. He suggested deleting Condition No. 6 and 12 and suggested changing Condition No. 13 to reflect "the current property owner" instead of the "current business owner"and the "sales agent" rather than "leasing agent". Deputy Community Development Director Wisneski suggested maintaining Condition No. 4 and 6 and explained the rationale in doing so. Assistant City Attorney Torres noted the need maintain Condition No. 6 to ensure that construction is safe. Eliminating it could potentially open the City to liability. Commissioner Brown added that Condition No. 6 protects future owners of the property. In response to his question regarding retroactive permitting, Assistant City Attorney Torres reported that the current owner would be responsible for repairs to bring the property into compliance. He noted the need to ensure that the property is safe for the current and future property owners. Commissioner Koetting commented on the need to ensure that bootleg construction is avoided. Vice Chair Kramer invited the applicant to address the Commission. Mr. Flowers, applicant, stated agreement with all conditions of approval. Motion made by Commissioner Brown and seconded by Vice Chair Kramer to adopt Resolution No.1986 approving Conditional Use Permit No. UP2015-018 subject to the conditions set forth in Exhibit A, which is attached to the staff report and incorporated by reference. Commissioner Brown and Vice Chair Kramer clarified that the changes to the conditions, as discussed above, are acceptable. AYES: Brown, Hillgren, Koetting, Kramer, Lawler, and Myers NOES: None ABSTENTIONS: None ABSENT: None ITEM NO. 3 LANDSCAPE MAINTENANCE CODE AMENDMENT(PA2015-108) Site Location: Citywide Associate Planner, Makana Nova, presented details of the staff report addressing the amendment request, the current drought conditions and requirements, details of the proposed amendment, exemptions related to a Level 3 and 4 water shortage and plans for future amendments. She added that staff is recommending removing the term "turf'from the proposed amendment language because this term is already synonymous with the term, "lawn'. Commissioner Hillgren inquired about making more reclaimed water supply available. Associate Planner Nova stated that the City plans on extending the use of reclaimed water in specific areas of the City and the matter is being addressed on a project specific basis at this time. Commissioner Hillgren commented on the importance of planning to have the infrastructure available to manage issues that come up. In response to Commissioner Koetting's inquiry enforcement of the new water provisions, Deputy Community Development Director Wisneski reported that Code Enforcement staff is being increased to ensure compliance with water conservation requirements. She addressed educating the public to further ensure compliance. Brief discussion followed regarding the use of artificial turf. Page 3 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 7/9/15 Vice Chair Kramer opened the Public Hearing. Jim Mosher commented on the proposed language in the amendment, pointed out an omission in the Resolution, inquired about the CEQA findings relative to exemptions and regulatory agencies, and noted that the Zoning Code gives Council and the Planning Commission equal authority to initiate amendments to the Zoning Code. Vice Chair Kramer closed the Public Hearing. Motion made by Commissioner Hillgren and seconded by Commissioner Koetting to adopt Resolution No. 1987 recommending the City Council approval of an ordinance approving Code Amendment No. CA2015- 007. AYES: Brown, Hillgren, Koetting, Kramer, Lawler, and Myers NOES: None ABSTENTIONS: None ABSENT: None VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION - None ITEM NO. 5 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Deputy Community Development Director Wisneski announced that at its next meeting, the Planning Commission will be electing new officers and commented on the possibility of having new Commission members. She added that the Commission will consider an application for a telecommunications permit. 1. Update on the General Plan/Local Coastal Program Implementation Committee Deputy Community Development Director Wisneski reported that staff has continued to meet with Coastal Commission staff and that there will be one more strategy meeting to discuss the City's Local Coastal Program Implementation plan. A subsequent meeting will be held to develop items for the Planning Commission and Council to review. A study session will be held at the Commission's second meeting in August and a Public Hearing will be held in September. 2. Update on City Council Items - None ITEM NO. 6 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT Commissioner Hillgren requested placing evaluation of the City's requirements for residential building reports on the next agenda. Deputy Community Development Director Wisneski added there will be a report on the City's current policies and a review of other jurisdictions practices. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES Commissioner Lawler requested an excused absence for August 6, 2015. IX. ADJOURNMENT Page 4 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 7/9/15 There being no further business to come before the Planning Commission, the meeting was adjourned at 7:37 p.m. to the Planning Commission meeting of July 23, 2015. The agenda for the Planning Commission meeting was posted on Thursday, July 2, 2015, at 4:28 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 Thursday, July 2, 2015, at 4:20 p.m. Kory Kramer, Vice Chair Jay Myers, Secretary Page 5of5