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HomeMy WebLinkAbout1.0 - Draft Minutes (2) CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers— 100 Civic Center Drive Thursday, August 6, 2015 REGULAR MEETING 6:30 p.m. I. CALL TO ORDER-The meeting was called to order at 6:32 p.m. II. PLEDGE OF ALLEGIANCE—Chair Kramer III. ROLL CALL PRESENT: Brown, Hillgren, Koetting, Kramer,Weigand,Zak ABSENT: Lawler(Excused) Staff Present: Brenda Wisneski, Deputy Community Development Director; Michael Torres, Assistant City Attorney; Tony Brine, City Traffic Engineer; Jason Van Patten, Assistant Planner; Benjamin Zdeba, Assistant Planner; Makana Nova, Associate Planner; Fern Nueno, Associate Planner; David Lee, Planning Technician; Jennifer Biddle,Administrative Support Specialist IV. PUBLIC COMMENTS Jim Mosher commented on noticing for the telecommunications item recently considered by the Planning Commission. Additionally, he commented on "greenlight" tracking relative to the General Plan on the City's website. Chair Kramer asked staff to provide an update on tracking, at the next Planning Commission meeting. Secretary Koetting commented on noticing practices of other cities and suggested that staff increase the size of the sign posted at the site. Deputy Community Development Director Brenda Wisneski reported that staff usually places more than one notice on site, depending on the size of the property. V. REQUEST FOR CONTINUANCES Deputy Community Development Director Wisneski requested continuing Item No. 4, to correct a procedural issue. She asked to continue this matter until the Planning Commission meeting of August 20, 2015. Chair Kramer invited the applicant to address the Commission. Chair Kramer opened public comments. There being no response, Vice Chair Kramer closed public comments. Motion made by Chair Kramer and seconded by Commissioner Weigand to continue Item No. 4 to the Planning Commission meeting of August 20, 2015. AYES: Brown, Hillgren, Koetting, Kramer,Weigand, and Zak ABSTENTIONS: None ABSENT: Lawler(Excused) VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF JULY 23,2015 Recommended Action: Approve and file Page 1 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/6/15 Deputy Community Development Director Wisneski acknowledged receipt of suggested modifications to the minutes submitted by Commissioner Hillgren and by Mr. Jim Mosher and reported that staff has reviewed them and recommends incorporating them into the minutes. Chair Kramer opened public comments. There being no response, Vice Chair Kramer closed public comments. Motion made by Vice Chair Brown and seconded by Secretary Koetting to approve and file the minutes of the Planning Commission meeting of July 23, 2015, as amended. AYES: Brown, Hillgren, Koetting, Kramer,Weigand, and Zak ABSTENTIONS: None ABSENT: Lawler(Excused) VII. PUBLIC HEARING ITEMS ITEM NO. 2 LINDAMOOD-BELL LEARNING CENTER(PA2015-053) Site Address: 20371 Irvine Avenue, Suite A170 Assistant Planner Jason Van Patten provided a PowerPoint presentation addressing location, existing conditions, access to the site, purpose of the Use Permit, proposed floor plan, anticipated peak period, hours of instruction, parking, staffing, and results of a parking analysis, findings and recommendations. Secretary Koetting inquired about the tenant mix and Assistant Planner Van Patten stated that the site consisted of general office uses. He added that medical office uses were prohibited. He reported on the current site improvements and briefly addressed the drop-off and pick-up of clients. He added that the intent was to encourage the applicant to provide safe areas for efficient drop-off and that there was no designated area. Secretary Koetting commented on the limited area along the building frontage. Assistant Planner Van Patten reported there are parking spaces in the parking garage at the ground level and that access to the building is provided on two sides. Commissioner Hillgren asked about results of the parking study and Assistant Planner Van Patten explained that it is a large parking lot in an area occupied by commercial offices which may generate less parking demand. In response to Commissioner Hillgren's inquiry regarding office parking requirements, Assistant Planner Van Patten confirmed the rates provided applied to office uses throughout the City. He added that the majority, if not all of the clients to the site would not be of driving age. He indicated that staff levels may fluctuate up to a maximum of twenty-seven during the peak period. In response to Commissioner Hillgren's inquiry regarding off-site parking expectations, Deputy Community Development Director Wisneski reported that the project relied upon on-site parking spaces. She explained the basis of the request and the resulting excess of parking. She added there is no dependence on off-site parking and that the parking demand analysis assumes full occupancy. She indicated that future parking issues would need to be addressed by the property manager and no off-site parking is allowed. She reiterated that the use permit is subject to the business plan that was presented and that any change in occupancy, must be consistent with the assumptions that were made for this business. Vice Chair Brown expressed concerns regarding parking. He reported that the Newport Beach Chamber of Commerce is in the complex, which he visits, regularly. He addressed the distance between the available parking spaces and the front door of the building and felt that additional discussion is warranted. Deputy Community Development Director Wisneski noted there is an existing facility operating in the City, with the same parking assumptions. There have not been any issues raised regarding parking at that facility and staff does not foresee any in this case either. Page 2 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/6/15 Secretary Koetting referenced reevaluation of the Parking Management Plan and in response to his question, Assistant Planner Van Patten stated that the City relies on adjacent tenants to provide information about issues that may arise. He added there have been no Code Enforcement violations or complaints at the existing site and staff anticipates that it will continue as such. In response to Commissioner Zak's question, Assistant Planner Van Patten reported that the owner of the building signed off on the subject application. They are aware of the application and report and have reviewed the related documents. He added that the applicant is in attendance, representing the property owner, and have received the report. Commissioner Zak referenced Condition No. 5 and asked for an explanation. Deputy Community Development Director Wisneski commented on the assumptions related to the Parking Management analysis and, if, in the future, those spaces are eliminated, the business owner has the obligation to notify the City. If it is confirmed that changes have occurred, the Conditional Use Permit (CUP) would need to be amended. Otherwise, if it becomes a Code Enforcement issue, there is a process by which the matter can be addressed so that the property is brought to compliance. Chair Kramer opened the public hearing. Carol Conover and Tia Jones expressed agreement with all of the Conditions of Approval. In response to Secretary Koetting's question, Ms. Conover confirmed the hours of operation noting the Center operates year round. Ms. Jones added that the Center is open and operates year round, but that because students typically attend for intensive sessions, they attend five days a week, four hours per day. She also indicated that summer is their busiest season and added that after hour operations are not typical. Secretary Koetting stated it would better if the Center operated after school, during the school season, as the other offices in the complex would be closed and parking would be more-readily available. Ms. Jones reported that teaching is one-to-one, with no group classes. She addressed potential professional development classes noting that they are not held at the Learning Center. Additionally, she reported that the term of their lease is seven years. Commissioner Hillgren asked and was provided with information regarding adult tutoring. Ms. Jones added that, because they are not a traditional tutoring center, adults are evaluated and assessed in terms of reading and language deficiencies and instruction plans are developed to help increase those skills. Their program includes remediation as well as enrichment. She added that the majority of students are under sixteen years of age. In reply to Vice Chair Brown's questions, Ms. Jones reported that typically, parents drop off students and return to pick them up after instruction. Jim Mosher noted that a CUP goes with the land rather than with the applicant and opined that this particular use permit seems vague in terms of permitted uses by future tenants. Additionally, he commented on the hours of operation and the desirability of operating during evening hours. He suggested that when a parking analysis is needed, that the City selects a consultant, incorporates the fees into the permit charge and oversees the process to ensure an independent, objective assessment of parking. Assistant City Attorney Michael Torres reported that the City hires consultants to conduct reviews regarding various aspects of a project. Deputy Community Development Director Wisneski added that in this case, staff conducted the analysis with the cooperation of the City's Traffic Engineer. In cases where a more intensive analysis is needed, the City would hire a consultant to do an independent review. Page 3 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/6/15 Assistant City Attorney Torres reported that all consultants are evaluated in terms of potential conflicts and that the City does everything it can to ensure that the analysis is done impartially. In response to Chair Kramer's question regarding whether the property owner has signed off on the proposed plans, Ms. Conover reported that she does not have a formal declaration, but the property owner acknowledged receipt of all of the documents. She added that the Center has agreed to a maximum of nineteen students and a maximum of nineteen staff members and eight administrative staff members. Commissioner Hillgren confirmed the assumption that all students will be dropped off at the facility. In response to his question, Ms. Conover stated that they would accept a limit of twenty-seven total parking spaces. Secretary Koetting asked regarding plans if more than nineteen students attend. Ms. Conover referenced the plans and reiterated that the plan includes only nineteen counseling areas. She added that no parking issues have occurred with their other sites. Chair Kramer closed the public hearing. Chair Kramer asked to add a condition for the Planning Commission to review the Parking Management Plan within one year, another condition to require property owner sign-off on the Parking Management Plan and to identify Monday through Friday as the days of operation. Commissioner Zak agreed with Chair Kramer's comments and requested a condition requiring the acknowledgement by the property owner of the waiver of eighteen parking spaces. Secretary Koetting suggested extending the hours of operation to 7:00 p.m. Vice Chair Brown agreed and suggested keeping the Center open, seven days a week to allow the opportunity for expansion of the services offered. Chair Kramer and Commissioner Hillgren agreed. Commissioner Hillgren referenced Condition No. 5 and suggested that the Parking Management Plan should specify that "no more than a total of twenty-seven employees and clients shall be parked on site at any one time". He added that the Community Development Director should be made aware of either on- or off-site parking, if it becomes available as well as any tenant use changes in the building. Assistant City Attorney Torres summarized and listed the changes to conditions, as discussed above. Regarding the property owner's sign-off of the Parking Management Plan and acknowledgement of the parking waiver, Deputy Community Development Director Wisneski suggested that should be done prior to issuance of building permits for the tenant improvement. Ms. Conover agreed to the changes to the Conditions of Approval as discussed above. Regarding re-evaluation of the CUP within a year, Ms. Conover asked about what would occur if the CUP were to get pulled. Deputy Community Development Director Wisneski stated that the condition would be timed to require the review within one year of issuance of occupancy to evaluate the Parking Management Plan. Staff will evaluate the Plan to determine if there are any issues and bring it to the Planning Commission to consider how to remediate the parking situation. It could include a request for the applicant to modify their business plan. Motion made by Chair Kramer and seconded by Vice Chair Brown to adopt Resolution No. 1988, approving Conditional Use Permit No. UP2015-015, with incorporation of the modifications to conditions as discussed above. AYES: Brown, Hillgren, Koetting, Kramer,Weigand, and Zak ABSTENTIONS: None ABSENT: Lawler(Excused) Page 4 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/6/15 ITEM NO. 3 YACHT ENCHANTRESS GARAGE SETBACK(PA2015-123) Site Address: 1917 Yacht Enchantress Assistant Planner Benjamin Zdeba provided a PowerPoint presentation addressing an overview of the project, location, existing conditions, access, surrounding properties, background of the site, and details of the request. He reported that the current setback map requires a three-foot garage setback and the proposed map change would allow for increased flexibility giving a range of between three and thirteen feet. He added that the principal dwelling unit setback of twenty-feet will remain the same and addressed the proposed location of the one-car garage. He addressed the benefits of the proposed modification and reported that the HOA has approved the plan. With regard to the potential issue of parking a vehicle over the sidewalk in front of the proposed garage, he indicated the HOA has control of the private streets and sidewalks. Assistant Planner Zdeba presented recommendations as stated in the staff report, noted the attendance of the property owner and architect, and offered to respond to questions from the Planning Commission. Commissioner Hillgren indicated this is an unusual request noting that normally, people ask for relief to build into a setback rather than to expand it. Assistant Planner Zdeba agreed that the request is unconventional. Secretary Koetting noted that the driveway apron does not extend in front of the one-car garage. Assistant Planner Zdeba stated that the matter will be addressed through the building permit plan check. In reply to Commissioner Zak's inquiry, Assistant Planner Zdeba stated that the house is currently being remodeled and that the plan that was approved did not have the single-car garage space in this configuration. Chair Kramer opened the public hearing. John Schroder,Applicant, agreed with the Conditions of Approval. In reply to Secretary Koetting's question regarding relocation of the water meter, Mr. Schroder agreed that it will need to be relocated. Chair Kramer closed the public hearing. Motion made by Vice Chair Brown and seconded by Commissioner Hillgren to adopt Resolution No. 1989, approving Staff Approval No. SA2015-010 to allow a revised garage setback. AYES: Brown, Hillgren, Koetting, Kramer,Weigand, and Zak ABSTENTIONS: None ABSENT: Lawler(Excused) ITEM NO.4 MILLER RESIDENCE GRADE ESTABLISHMENT APPEAL(PA2015-120) Site Address: 1608 West Ocean Front This matter was continued to the Planning Commission meeting of August 20, 2015, under the Requests for Continuances portion of the agenda. ITEM NO. 5 EBB TIDE RESIDENTIAL(PA2014-110) Site Address: 1560 Placentia Avenue Associate Planner Fern Nueno provided a PowerPoint presentation addressing location, surrounding properties and uses, details of the proposal, tract map, architectural design, Planned Development Permit, required traffic study, Mitigated Negative Declaration (MND), existing conditions, relocation/demolition of mobile homes and related improvements, closure of the mobile home park, Relocation Impact Report (RIR), City Council consideration of the RIR, location of the site within a height overlay district, site plan, access to the project, private streets within the site, surrounding block wall, landscaping, tree palette, recreational area amenities, and Page 5 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/6/15 unit floor plan options and versions. She addressed architectural materials and colors, roof decks, a similar project constructed in Costa Mesa, requested setbacks, maximum roof height limit, and noted that the project satisfied the remaining Code requirements. Associate Planner Nueno summarized the amenities including more open space, guest parking and a larger front setback with landscaping. She explained the reason for the increased height request and addressed the results of the traffic study. The City retained a consultant to prepare the required environmental documentation and Associate Planner Nueno reported the results of same. Additionally, she reported that three comment letters were received on the Mitigated Negative Declaration (MND) and that responses were forwarded to the Commission. She reported that staff believes the required findings for approval can be made and presented recommendations. Secretary Koetting asked regarding a lighting plan for parking and buildings and Associate Planner Nueno reported there are a few lighting exhibits in the plans, but staff will confirm compliance with the Code requirements during the plan check process, as stated in the conditions of approval. Discussion followed in regard to conducting a photometric lighting review for safety and spillover. Associate Planner Nueno reported that lighting is also part of the Planned Development Permit review. In response to Secretary Koetting's question, Associate Planner Nueno reported that the traffic study reviewed the initial project of 83 units, but the applicant reduced the number of units to 81 in order to provide additional guest parking and open space. a revised traffic analysis was not necessary because it was a reduction in units. Commissioner Hillgren commented on consideration of the height overlay district issues and on potential opportunities to create an identity for the area. In response to his inquiry, Associate Planner Nueno addressed improvements to the public realm and ensuring quality designs above and beyond the Code requirements. She listed elements that are in line with what was discussed relative to the height overlay. She added that staff is pursuing a West Newport Mesa Streetscape Improvement Master Plan that will be presented to the Planning Commission in the future and stated that there is a template for dimensions of sidewalks and setbacks, but noted that the plant palette could change. Additionally, the Planning Commission would review each project that comes before it under the height overlay requirements and determine whether or not it is exact or consistent/complimentary with what may be approved at this time. In response to Commissioner Hillgren's question regarding the importance of setting a template, Associate Planner Nueno reported that it will be done through the West Newport Mesa Streetscape Improvement Master Plan. She added that staff could ask the applicant to amend their landscape plan if it differs from the master plan and that it is not likely that the timing of the master plan would coincide with construction of the subject project. Chair Kramer stated that the project is enclosed, in and of itself, and does not speak to the community or the surrounding neighborhood. Associate Planner Nueno reported that the intent of the Master Plan for public realm improvements to have a cohesive design and vision with street furniture, landscaping, cross-walk treatment, etc. Each project within the project site will be analyzed per the Code requirements and Planned Development Standards, individually. Each project could be different,while still having a cohesive neighborhood based on streetscape improvements. In response to Secretary Koetting's inquiry regarding whether a comprehensive sign program had been developed, Associate Planner Nueno reported that, as a residential project, they would only be allowed one sign. It would need to meet the City's design criteria for signage and the Code requirement for signage location. Associate Planner Nueno added in response to another question that the Fire Department has reviewed the project to ensure it meets Fire Code regulations. Chair Kramer asked regarding the correct number of guest parking spaces and Associate Planner Nueno reported there are forty-four. Commissioner Zak asked about the project review process and Associate Planner Nueno explained the application review process. In response to Commissioner Zak's inquiry regarding whether traffic mitigation allowed for future growth and for projects impacting surrounding areas, City Traffic Engineer Tony Brine Page 6 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/6/15 explained that these are accounted for in any required traffic mitigation efforts and the project would be conditioned for improvements if necessary. Commissioner Zak commented on Code requirement regulations relative to garage dimensions and Associate Planner Nueno stated that most of the garages meet the dimensions set forth in the Code. Additionally, Commissioner Zak referenced a Sewer Capacity Study and opined it should be done by now, rather than "prior to issuance building permits." Associate Planner Nueno added that because property owners will store refuse containers inside, not all garages will meet the 20 feet by 20 feet clear interior parking requirement. She referenced the findings and noted that the Commission has approved similar projects in the past in terms of the garage interior dimensions. Chair Kramer opened the public hearing. Suntji Kumjim, representing the Applicant, thanked City staff and provided a report including a background of Ebb Tide, LLC, and MBK Homes, products offered, other area developments, customer satisfaction rate, existing conditions, height of adjacent structures, architectural materials and colors, ventilation filtration, photometric studies, guest parking, approval of the project by the Fire Department, Sewer and Drainage study, and the Master Street Landscape Plan. Chair Kramer agreed that the project will set a landscape precedent along Placentia. Members of the Planning Commission reviewed the materials board. Commissioner Hillgren noted that the Planning Commission passed the overlay district with an expectation that this project would be trend-setting. In reply to his inquiry, Mr. Kumjim explained that landscape will have a layered approach and all plants will be of a drought-tolerant nature. He addressed sidewalks, curb relief, and the block wall fence. Chair Kramer suggested that the applicant should consider showing staff what the landscape and streetscape will look like, as this is a precedent-setting project. He encouraged the applicant to be creative relative to the block wall. Mr. Kumjim stated that they are flexible in terms of sidewalk design and dimensions. Discussion followed regarding the existing and proposed block wall, sidewalk, maintenance of the sidewalks, garages, and the possibility of adding a condition to indicate that tenant cars must be stored in their respective garages. Mr. Kumjim confirmed that the Covenants, Conditions, and Restrictions (CC&Rs)will indicate that garages must be used for tenant parking and will allow inspections of the garages by the Home Owners Association (HOA). Commissioner Zak addressed the proposed smooth stucco and the need for proper installation of control joints in order to reduce future maintenance issues. Deputy Community Development Director Wisneski commented on a requirement to maintain and minimize cracking of the stucco. Mr. Kumjim stated that they will work with the architect to minimize cracking. It will be part of their standard construction document process. Associate Planner Nueno referenced Condition Nos. 14 and 16 relative to the quality application of materials and maintenance of appearance. Mr. Kumjim reported that the homeowner will be responsible for the maintenance of the exterior "skin" of the homes, but the HOA will have the ability to mandate repairs. Page 7 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/6/15 Secretary Koetting stated that is should be done right way from the start and suggested adding a condition that expansion joints be properly located. Chair Kramer noted the lack of architectural enhancements on elevations facing Placentia Avenue, as compared to the front elevations and suggested adding a condition to require enhanced architectural elements to the elevations. Mr. Kumjim provided examples of enhanced architectural elements and agreed to the proposed condition. In reply to Commissioner Hillgren's question regarding open space, Mr. Kumjim reported that the City has ample recreation facilities nearby, and noted that all of the homes have a large, rooftop space for gathering. He addressed the size of the pool area adding that they do not envision everyone using the pool at the same time. He commented on the project review process in terms of size, location and open space opportunities. Discussion followed regarding rooftop decks, private side- and rear-yards and addition of rooftop decks to the open space area calculation. In response to Commissioner Weigand's inquiry, Mr. Kumjim reported they will offer the "MERV 11" filters relative to the AQMD requirements. Associate Planner Nueno reported that currently, there is no mitigation or condition regarding the matter, but noted that the CEQA consultant drafted a proposed condition/mitigation measure and distributed copies to the Commission. The mitigation measure included "MERV 14", but that can be changed to a different number. Commissioner Weigand agreed with including a condition as discussed and reported that he spoke with the AQMD regarding the project. He asked if there are concerns regarding potential challenges with soil contamination and if a soil study had been prepared. Associate Planner Nueno reported that the issues with AQMD do not address soil concerns. Commissioner Kramer commented on the building color and suggested adding color for enhancement. Mr. Kumjim reported that the color in the schematic drawings is not reflective of the actual colors. Chair Kramer opened the public hearing and explained the Planning Commission's role and that the RIR is not under the Commission's jurisdiction. Jim Mosher commented on distinguishing between the applicant and the owner and suggested the need for clarification of same. He addressed the MND noting that the site is environmentally challenged in terms of groundwater pollution and air quality and thanked AECOM representatives for their responses to his comments. He added that the environment does not respect political boundaries and stated the MND misidentifies what part of the Costa Mesa planning this project is adjacent to. He suggested it would be interesting to know Costa Mesa's plans for the area. He commented on the Planning Commission insisting on good planning of the area to give it a"neighborhood"feel. Mary Jo Baretich, Golden State Manufacturer's Home Owners League, commented on the closure of the Ebb Tide Mobile Home Park and related laws noting that if the project is approved by the Planning Commission at this time, the minimum allowed time for mobile home residents to vacate would be in February 2016. She expressed concerns regarding environmental impacts including contaminated water from the Hixson Metal Finishing Plant. Mr. Kumjim noted the closure notices will be transmitted to Ebb Tide Mobile Home Park residents following project approval. Chair Kramer closed the public hearing. Commissioner Weigand referenced an incident in 1987 and asked about the alleged soil contamination. Page 8 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/6/15 Tom Holm, AECOM Technical Services, noted the groundwater contamination from the Hixson facility and reported that the case is still open. He addressed the review process, inclusion of mitigation efforts, and procedures in terms of working on similar sites. He added that various assessments have been incorporated into the study and there are thresholds and levels that will need to be met in terms of site clean-up. Regulatory agencies will monitor the removal. Commissioner Zak addressed comments regarding the soil, and Mr. Holm noted that the soil will be monitored on a going forward basis. Mr. Holm commented on the types of air filters to be initially installed and the owner's responsibility to maintain and replace them. A disclosure will be provided stating as such. Commissioner Zak suggested adding a condition to address the issue. Secretary Koetting asked whether there will be monitoring during grading and Mr. Holm reported that the current mitigation would require notification of the City if something is discovered and that standard procedures for identification and recovery would be implemented with the concurrence of the City, the applicant, a certified archeologist or paleontology. There is no built-in monitoring required at this point. Vice Chair Brown inquired regarding the lifespan of filters and Mr. Holm reported that replacement of the filter is required. Vice Chair Brown suggested adding a condition of approval to address maintenance and replacement of the filters. Commissioner Zak asked regarding the evaluation process in terms of future growth and projections relative to traffic. City Traffic Engineer Brine reported that they are accounted for in the traffic analysis and noted there were three or four intersections in Costa Mesa that were included in the study as well. Chair Kramer asked and was provided with information regarding the levels of service at various intersections. City Traffic Engineer Brine reported that this project does not add to the level of service, and does not cause an impact at any intersection. He addressed traffic impact (in-lieu) fees. Chair Kramer confirmed that the project does not have traffic impacts, beyond those identified in the MND. At Vice Chair Brown's request, Deputy Community Development Director Wisneski addressed next steps noting that the project will move forward for processing, pending approval by the Planning Commission at this time. Secretary Koetting noted the changes discussed and wondered regarding having staff clean up the documents and return to the Planning Commission for final action. Deputy Community Development Director Wisneski indicated that could occur at the Commission's pleasure. She added that changes will be presented to the Planning Secretary, for review prior to sign-off. Landscaping is still to be determined and it will be up to the Commission whether to bring the matter back or act at this time. Commissioner Zak stated that none of the changes warrant delaying approval at this time, so long as the applicant agrees to comply with same. Associate Planner Nueno summarized the suggested changes including those made to the MND and conditions of approval requiring enhanced architectural elements on the elevations facing Placentia Avenue. Commissioner Zak reiterated his request to add a condition requiring that the CC&Rs specify that tenants are to park their vehicles in garages. Chair Kramer agreed and suggested specifying that no homeowner shall be allowed to park in guest spaces. Assistant City Attorney Torres added that Vice Chair Brown suggested a condition regarding the home owners' responsibility for changing and maintaining air filters. Chair Kramer suggested a meandering sidewalk along Placentia for enhanced landscaping and added interest. Page 9 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/6/15 Discussion followed regarding the block wall material and inconsistency of the meandering sidewalk with the corridor. Chair Kramer added that it provides flexibility and allows for a precedent. He opined that meandering sidewalks would add diversity to the area. Commissioner Hillgren commented on the need for direction as to what landscaping will look like on Placentia Avenue. He suggested conditioning the project on an approved City streetscape plan. He encouraged staff to develop a plan in a timely manner for the applicant to incorporate it into their project. Deputy Community Development Director Wisneski reported that staff is working on such a plan and suggested this would be a good reason to expedite it. Secretary Koetting noted there is time to develop a decent concept for the area. Mr. Kumjim reported that construction in the area would begin in May 2016, and that the guidelines would need to be in place now to stay in line with the current construction schedule. Associate Planner Nueno commented on a condition of approval indicating that the project must be in compliance with the City's streetscape plan. She added that the Commission would review the streetscape plan prior to May, and would not necessarily need to see the proposed project's landscape plan again as it will be reviewed to be in compliance with the streetscape plan. Deputy Community Development Director Wisneski suggested including flexibility in the condition. She explained that related to improvements to the public realm, the wall and improvements beyond that, staff would bring the item back to the Planning Commission at some point or, it would be continued to the broader streetscape improvements the City is pursuing through the Streetscape Master Plan. Commissioner Zak agreed with staffs recommendations and expressed disagreement at the concept of meandering sidewalks. He noted the need for a comprehensive Master Plan, but felt that the project needs to move forward. He suggested that the applicant work with the City to ensure they install a sidewalk that is consistent with the City's Master Plan,which will be approved before May 2016. Commissioner Weigand stated he is ready to move forward with the project. Assistant City Attorney Torres summarized the changes discussed including adding enhanced architectural elements to the building elevations facing Placentia Avenue, requiring no owner parking in guest parking spaces, adding a requirement for MERV 14 air filters to the MND, adding a condition that the applicant notify homeowners of their need and responsibility to maintain/replace the filters, adding a condition requiring that the CC&Rs have a condition that garages be used to house vehicles and not for storage of personal items that would otherwise impede same, adding a condition requiring the block wall along Placentia Avenue to have enhanced designs, and to either bring back the landscape plan for this project back to the Commission, or if the City Master Street Scape and Landscape Plan is generated, that the project be in compliance with same. He added that the matter of expansion joints will be added to Condition No. 14. Commissioner Zak added that the enhancements to the buildings and walls should be constructed to the satisfaction of the Community Development Director. Mr. Kumjim agreed to the proposed changes as discussed above and requested clarification regarding the City's Master Streetscape and Landscaping Plan, which was provided by Deputy Community Development Director Wisneski. Motion made by Vice Chair Brown and seconded by Commissioner Weigand to adopt Resolution No. 1990, adopting Mitigated Negative Declaration No. ND2015-002 with incorporation of an additional mitigation measure as discussed above; and approving Tentative Tract Map No. NT2014-002, Planned Development Permit No. PL2015-001, and Traffic Study TS2014-007. Page 10 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/6/15 Commissioner Hillgren asked to have a vote on each entitlement individually because he has different opinions on different matters. Assistant City Attorney Torres noted that the matter is currently presented as one motion for all of the entitlements. Commissioner Hillgren stated his agreement with the MND and Traffic Study. He commented on the discussions at previous Commission meetings regarding the Height Overlay District. He addressed the desire to have an exterior presence that creates a zone and to create an environment internally that included enhanced amenities. He opined that the Pacific Ocean cannot be relied on as an enhanced project amenity as it is not internal. He continued that the project is dense and that internal amenities need to be addressed further. He commented that while the architecture is handsome, he does not believe the project meets the Height Overlay District criteria as discussed previously by the Commission. AYES: Brown, Koetting, Kramer, Weigand, and Zak NOES: Hillgren ABSTENTIONS: None ABSENT: Lawler(Excused) 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 noted no report at this time as Coastal Commission staff cancelled their meeting. She added that the Coastal Commission's October meeting will be in Long Beach and that the Lido House Hotel matter will be considered at that time as well as Back Bay Landing. 2. Update on City Council Items Deputy Community Development Director Wisneski stated nothing to report regarding City Council items but referenced the Commission's tentative agenda and commented on upcoming items to be considered by the Planning Commission. 3. Mariners' Mile Update Deputy Community Development Director Wisneski referenced the Mariners' Mile update and deferred to staff for a report. City Traffic Engineer Brine provided an update on the Mariners' Mile project. He addressed studies being done, concurrently, alternatives under consideration,the project schedule and subsequent public hearings. Deputy Community Development Director Wisneski stated that the area beyond the corridor will also be considered and addressed next steps. Discussion followed regarding the timeline for the Planning Commission considering the Mariners' Mile project, the possibility of holding a community forum on the matter, and engaging the Commission and the community. She commented on future workshops and engaging the Planning Commission. ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT Page 11 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/6/15 Commissioner Weigand requested an update on a project on Dover Drive between Irvine Boulevard and Pacific Coast Highway. Traffic Engineer Tony Brine noted that the project should be completed in Fall 2015. Chair Kramer requested an update of the status of undergrounding utilities along MacArthur. ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES Commissioner Hillgren requested an excused absence for the Planning Commission meeting of August 20, 2015. IX. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 9:25 p.m. to the Planning Commission meeting of August 20, 2015. The agenda for the Planning Commission meeting was posted on Friday, July 31, 2015, at 3:17 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, July 31, 2015, at 3:14 p.m. Kory Kramer, Chair Peter Koetting, Secretary Page 12 of 12