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HomeMy WebLinkAbout1.0 - Draft Minutes CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers— 100 Civic Center Drive Thursday, September 17, 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 Brown III. ROLL CALL PRESENT: Brown, Koetting, Lawler, Weigand ABSENT: Kramer(arrived 7:16 p.m., departed 8:40 p.m.), Hillgren (Excused), Zak(Excused) Staff Present: Deputy Community Development Director Brenda Wisneski; Assistant City Attorney Michael Torres; City Traffic Engineer Tony Brine; Planning Manager Patrick Alford; Principal Planner Jim Campbell, Associate Planner Makana Nova; Senior Planner Gregg Ramirez; Administrative Support Specialist Jennifer Biddle IV. PUBLIC COMMENTS - None V. REQUEST FOR CONTINUANCES Deputy Community Development Director Brenda Wisneski reported that relative to Item No. 2, there was a request from the applicant to continue it to the Planning Commission's next meeting, October 8, 2015. She added that Item No. 4 is being tabled for the purpose of re-noticing and has been noticed for the meeting of October 8th. Vice Chair Brown opened public comments. Jim Mosher commented on the new, enlarged green notice signs noting that they seem to be working. He suggested annotating the signs if the items are being continued. Vice Chair Brown closed public comments. Motion made by Vice Chair Brown and seconded by Secretary Koetting to continue Item No. 2 and table Item No. 4 to the October 8, 2015, Planning Commission meeting. AYES: Brown, Koetting, Lawler, Weigand ABSTENTIONS: None ABSENT: Kramer, Hillgren, Zak VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF SEPTEMBER 3, 2015 Recommended Action: Approve and file Vice Chair Brown reported that revisions were submitted by Mr. Jim Mosher. He noted another correction to be made. Motion made by Commissioner Weigand and seconded by Commissioner Lawler to approve the Planning Commission meeting minutes of September 3, 2015, as amended. AYES: Brown, Koetting, Lawler, Weigand ABSTENTIONS: None ABSENT: Kramer, Hillgren, Zak Page 1 of 9 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/17/15 VII. PUBLIC HEARING ITEMS ITEM NO. 2 MILLER RESIDENCE GRADE ESTABLISHMENT APPEAL (PA2015-120) Site Location: 1608 West Ocean Front This item was continued to the Planning Commission meeting of October 8, 2015, under Items for Continuances. ITEM NO. 3 NEWPORT ACADEMY CONDITIONAL USE PERMIT(PA2015-150) Site Location: 1111 Bayside Drive, Suite 150 Assistant Planner Ben Zdeba provided details of the staff report addressing number of staff members, number of students, hours of operation, and a sample class schedule. He noted the specialization of the school as an academic extension of an existing, off-site drug and alcohol rehabilitation treatment program and stressed that no treatment would occur on-site as proposed. He further described the location, surrounding zoning and land uses, existing development conditions, floorplan and its relationship to the elevator, overview of how the site functions with respect to the proposed student drop-off and pick-up, and the parking requirement as well as noted the parking spaces granted under the tenant lease. Lastly, Assistant Planner Zdeba provided a brief overview of project-specific Conditions of Approval including additional Conditions of Approval resulting from further staff review and comments received regarding the project. In response to Secretary Koetting's questions, Assistant Planner Zdeba addressed operations and class hours and reported that the property owner signed the application, but he did not know whether or not the property owner had reviewed the proposed Conditions of Approval. He also clarified that the floorplan, as presented, was intended to be a generalized representation of the layout. With respect to the potential circulation issues in the parking lot area when drop-offs and pick-ups occur, City Traffic Engineer Brine reported there is a potential for queuing, but given the relatively low number of students, he would not anticipate it as being an issue. Secretary Koetting suggested a condition relative to having the students monitored such that they are not wandering around the property. Commissioner Lawler referenced the existing use and wondered whether it is relevant to the proposed use. Assistant Planner Zdeba reiterated that the previous use was a business office and reported that the Newport Academy may occupy the tenant space as a corporate office, with administrative space only, but were not permitted for the instruction wherein students would be at the location. In response to Vice Chair Brown's question regarding an assumption that students will not be driving their own cars, Assistant Planner Zdeba reported it is an operational standard of the Academy, reiterated the age range of students, and suggested adding a Condition of Approval that students are not to drive their own vehicles. In terms of enforcing rules regarding queuing, Assistant Planner Zdeba referenced Condition of Approval No. 10 and offered to enhance it if the Commission desires. Vice Chair Brown opened the Public Hearing. Philip Greer, Attorney for the applicant, responded to questions regarding the floorplan, the maximum number of students, parking, drop-off and pick-up and the Academy's obligation that there be no unattended minors on the premises. He suggested they could set up a phone system to be utilized during the pick-up wherein parents would be called when the student is ready to leave. He reported the applicant has begun administrative activities at the property, but there has been no instruction. Students will be required to be within the facility, the entire time they are in attendance. In response to Secretary Koetting's question regarding the term of the academic program, Mr. Greer reported that the program is transitional, year-round and is an academic part of a rehabilitation process to ensure the kids can be introduced into public school and will be successful in that setting. The term will vary by student. Page 2 of 9 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/17/15 Commissioner Weigand reported visiting the property, speaking with Mr. Greer and calling the property manager from Newport Academy's previous location in Costa Mesa who indicated that students were smoking and were observed congregating in public areas. In speaking with Mr. Greer, he indicated that the operation plan will be different at the new location. Commissioner Weigand suggested a change to Condition of Approval No. 2, inserting "escort students and monitor the entering and exiting of the ground- level elevator doorway" after the word, "shall". He suggested elaborating that "at no time, shall there be unattended students on the property"to state "on site". Commissioner Weigand also stated he would like to add a Condition requiring a one-year review of the project. Mr. Greer agreed with Commissioner Weigand's suggestions, felt that they were reasonable and stated the Newport Academy's willingness to work with the Commission, staff and the community. Kerry Krisher, an employee of a building tenant, referenced written comments submitted by her employer and commented on this matter being more than just a land use issue, but also a process. She listed reasons why she believes the process lacks integrity and alleged that the applicant is already operating as an educational facility and that students are congregating, smoking, littering, loitering and making excessive noise, impeding traffic flow and vandalizing private property. She stated she disputes Mr. Greer's statements and asked the Commission to proceed with caution. Robert Bates, resident of Balboa Island, spoke in opposition to the project. He alleged that the operation is not really an educational institution and commented on potential effects to the surrounding neighborhood. He expressed concerns that the students may still have problems with alcohol and smoking and already have a problem with loitering in a building they have not yet occupied. Additionally, he alleged they will be a private and public nuisance and encouraged the Commission to consider the impact on the community. Jim Mosher commented on the zoning of the subject property and did not believe the proposed use fits into the surrounding uses. Chair Kramer arrived at this juncture (7:16 p.m.). Corina Munoz, an employee of a building tenant, indicated that the applicant has misrepresented itself and spoke in opposition to the proposed project adding that it will impact the safety of the neighborhood. She reported witnessing large groups of teenagers loitering on the premises, smoking, noise, obstructing traffic, participating in vandalism and littering. Lisa Gravelle, an employee of a building tenant, reported students going in and out of the facility and expressed concerns regarding negative impacts to the neighborhood. Vice Chair Brown closed the Public Hearing. Assistant Planner Zdeba reported that the applicant was given approval to occupy the space for administrative purposes only and that it was made clear that there should not have been any students, for instruction, on site. He addressed use and compatibility issues in terms of zoning and designation for the property and the intended purpose for that zoning district. He added that the applicant is occupying an office space within an existing multi-tenant office building. They are not changing the development nor creating situations that would hinder further redevelopment of that site to a use that is more aligned with the purpose and intent of the zoning district. He noted that Conditions of Approval are being added with the intent of restricting the operation and further stressed the operation would need to abide by the conditions of approval put in place by the Conditional Use Permit and if not, there would be grounds for revocation. Additionally, he commented on the designation of the General Plan as related to commercial-marine and coastal-dependent uses. Chair Kramer took over the meeting. Page 3 of 9 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/17/15 In response to Commissioner Weigand's question, Assistant Planner Zdeba reported that the project was properly noticed and that the property owner received notification of the hearing. He added that the Municipal Code does not require tenant notification. Mr. Greer was invited back to the podium. Commissioner Lawler referenced Finding E and concerns voiced by the public. He noted Conditions of Approval mitigating some of those concerns and asked Mr. Greer to elaborate. Mr. Greer compared what the applicant is proposing and differentiated the use from rehabilitation facilities in the City noting that, historically, problems have been with sober-living homes and unlicensed facilities. He stressed that Newport Academy is not a sober-living facility. Additionally, he challenged Mr. Bates' comment noting that the students are not addicts, but recovering addicts and every one of the students will have already graduated from a recovery program. As a result of their graduation, they have been rewarded with the opportunity to attend a transitional school to finish the treatment. They are there for only academic purposes, are supervised, picked up and taken home. The Academy has an obligation to ensure that they are safe and protected. He added that the people identified by those who commented have never been identified as potential or current students. Any issues with the operation will be addressed by the Academy. Mr. Greer noted that everything else presented as a concern is only speculation and that they are not teaching mixed martial arts at this facility, as it had been alleged by a previous speaker. In response to Commissioner Lawler's question, Mr. Greer reported that he did not feel it was necessary for the landlord to attend the meeting at this time as the landlord's representative had signed off on the application. Secretary Koetting noted that speakers witnessed students on the property and expressed disappointment that it was not controlled. He opined that the administrator should address the issue. Mr. Greer disagreed noting that students were not there for purposes of study. However, they are setting up the administrative process and students visit to review the facility. He added that the facility is in a transitional process and has acknowledged same. Discussion followed regarding the interview process. Mr. Greer noted that when classes begin, there will be a representative of the school, meeting that parent, where the student is dropped off and the student will be escorted to the facility. When they are done, the parents will be contacted and the student will be brought back out. He stressed that none of the children associated with Newport Academy were roaming free. Only one potential student was identified as smoking and was rejected by the Academy. Commissioner Weigand commented on students that he witnessed and wondered why their parents were not there. Mr. Greer commented on his son's experience in terms of evaluating various schools and related it to the same process for the Newport Academy. He added that they are prepared to deal with any issue that should arise as a result of the operation. Discussion followed regarding ensuring that the people picking up students are the students' parents. Mr. Greer stated that the Academy will ensure that only parents or legal guardians pick up students. He added that he does not believe that the activity that is being reported, relates to the Academy. He noted the average attendance of a student at the school. Chair Kramer noted the role of the Planning Commission at this time. Assistant City Attorney Michael Torres reported that tonight's consideration is whether this is the appropriate setting for an academic use. He further added that the Planning Commission will not consider the background of the students and any substance abuse problems they may or may not have had in the past. Today's application is not for a sober-living facility, it is for an academic facility and the background of the students is not relevant. Page 4 of 9 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/17/15 Commissioner Lawler stated that the findings and conditions are appropriate and asked to add conditions as described by Commissioners Weigand, Secretary Koetting and Vice Chair Brown in the discussion above. Motion made by Commissioner Lawler and seconded by Chair Kramer to adopt Resolution No. 1992 approving Conditional Use Permit No. UP2015-036 per the Conditions of Approval, as added and modified. AYES: Brown, Kramer, Koetting, Lawler,Weigand ABSTENTIONS: None ABSENT: Hillgren, Zak ITEM NO.4 TROESH RESIDENCE(PA2015-122) Site Location: 336 Catalina Drive and 333 La Jolla Drive This item was tabled to the Planning Commission meeting of October 8, 2015, under Request for Continuances. ITEM NO. 5 NEWPORT CENTER PLANNED COMMUNITY AMENDMENTS AND TRANSFER OF DEVELOPMENT (PA2015-109) Site Location: Newport Center - Corporate Plaza, Corporate Plaza, Block 500, and the North Newport Center Planned Communities including Fashion Island Principal Planner Jim Campbell summarized the application and staff report. He noted the locations of the proposed amendments and transfer of development within Newport Center. The amendment involves changes to regulations of four existing planned communities. The amendment of the North Newport Center Planned Community includes updates of the development intensity table to reflect the past City-approved transfers of development, the current requested transfer, the addition of two existing buildings from Block 500, minor changes to permitted uses, sign regulations, parking regulations, and a new height limit exemption and other minor changes. The application also includes changes to the Block 500, Corporate Plaza and Corporate Plaza West Planned Communities to reflect the requested transfer of unbuilt development to the Block 100 subarea of the North Center Newport Planned Community. Additionally, he reported that the requested transfer is trip neutral and meets applicable requirements for approval. He noted that the project meets the criteria to be determined exempt from CEQA, and staffs recommendation for Planning Commission adoption of a resolution recommending City Council approval. He mentioned the next steps including review by the Airport Landings Commission regarding the proposed new architectural feature exemption for building heights and City Council consideration tentatively planned for late October. Chair Kramer summarized the proposal. Principal Planner Campbell noted this item is mostly a "clean up". Secretary Koetting asked whether the buildings could be fully occupied and Principal Planner Campbell responded that eventually, it will be. He discussed existing conditions and noted the proposed transfer is a way to erase the deficit floor area when compared to the General Plan and allow the occupancy of an existing 21-thousand square foot building in Block 100 that would need to remain vacant indefinitely or demolished. Deputy Director of Community Development Wisneski added that building occupancy is measured by a Certificate of Occupancy and not whether there is a tenant in the space. Principal Planner Campbell stated that ultimately, the entire building (referring to 520 Newport Center Drive) will have a Certificate of Occupancy. Secretary Koetting asked whether it would be in the best interest of the City to have the building demolished instead of having a vacant building sitting on the site. Page 5 of 9 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/17/15 Principal Planner Campbell stated that the Irvine Company has no intention of demolishing the vacant building in Block 100. They could demolish it or maintain it as non-habitable but they would prefer to do the transfer. Deputy Community Development Director Wisneski reported that the action is for the purpose of maintaining building occupancy. Chair Kramer opened the Public Hearing. Dan Miller, Representative for The Irvine Company, provided a brief history of the site including having done a number of development transfers. He added this is not an unusual request and the existing North Newport Center Planned Community and Zoning Implementation agreement allows The Irvine Company the flexibility of moving things around. Most likely, this will be the last development transfer they will request. He addressed the other five of the six buildings and noted they are now occupied. He summarized the changes requested and offered to respond to questions. Jim Mosher commented on the proposed height exemption allowing an increase of ten feet in height and wondered if this is something new, he questioned what constitutes an architectural feature and he sees a patchwork of planned communities, planned communities within planned communities, and opined this is not very good planning if you do not following the plan. Principal Planner Campbell commented on the number of planned communities within Newport Center and noted requirements relative to building heights. Chair Kramer closed the Public Hearing. Motion made by Vice Chair Brown and seconded by Chair Kramer to adopt Resolution No.1993 recommending City Council approve Planned Community Development Plan Amendment No. PD2015-003 and Transfer of Development No. TD2015-001. AYES: Brown, Kramer, Koetting, Lawler,Weigand ABSTENTIONS: None ABSENT: Hillgren, Zak VIII. NEW BUSINESS ITEM NO.6 3-THIRTY-3 WATERFRONT RESTAURANT ONE-YEAR REVIEW(PA2011-041) Site Location: 333 Bayside Drive Chair Kramer read title to the item and commented on the purpose of the meeting at this time. Associate Planner Makana Nova, provided details of the staff report addressing location, existing hours of operation, location of the outdoor dining patio, existing conditions, acoustical sound attenuation and monitoring, compliance with noise requirements, Conditions of Approval, the Police Department's review of the venue, calls for service, and correspondence received from the public relative to the sound consultant's scope of work. She noted the venue is not permitted to have live entertainment in the patio, explained the goal of Condition No. 4a and noted that staff believes the applicant has adequately complied with the conditions of approval. Chair Kramer summarized the actions needed at this time. Chair Kramer opened the Public Hearing. Dennis O'Neil, Attorney representing the applicant, Jeff Rueter, provided history of the issuance of the Conditional Use Permit(CUP)and efforts taken by his client in complying with the Conditions of Approval. Frank Battelle, Attorney representing various residents of Linda Isle, expressed concerns relative to Condition No. 4a, noting that the original condition should be complied with. He added that they object to staffs Page 6 of 9 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/17/15 interpretation of same and to staff changing the conditions. He reported that the issue was raised by City Council when they approved the CUP and approved it, as written. He referenced a draft scope for services prepared by the acoustical consultant from December 2013, relative to noise measurements and attenuation. He added that instead of complying with the Condition 4a, they did a different noise-level test than required, where they didn't generate the same noise level inside the patio than inside the restaurant; and he expressed concerns with the days the tests were conducted. He opined this is not the arrangement reached nor what the City is enforcing. Leann Benvenuti reported meeting with staff and expressing concerns regarding noise coming from the patio. She stated that Community Development Director Kimberly Brandt developed a nightly protocol to be followed by the restaurant but it was not followed once this summer. She reported that sound, from the patio, can be heard very vividly and commented on the magnification of sound on the water. Donald McCalla agreed with the previous speaker's comments, referenced Condition No. 4a and felt that the noise tests conducted were insufficient. He addressed the protocol developed by staff, felt it was a bait-and- switch, and that the test results did not produce the appropriate volume of noise generated by the patio. He asked that the Commission adopt the required protocol. Chair Kramer closed the Public Hearing. In response to Secretary Koetting's inquiry, Associate Planner Nova explained that Condition No. 28 addresses noise standards and that the City's Sound Ordinance is reflected in the Conditions of Approval. She commented on sound test results being higher than the ordinance and explained that there was a live band playing on a boat docked at Linda Isle and not a result of the venue. She reported that she selected the dates in which the sound studies occurred. She reported the days of the week tests were conducted and added that the tenant and neighboring residents were not alerted as to when testing would be conducted to maintain a level playing field . Motion made by Commissioner Lawler and seconded by Chair Kramer to confirm the operator has complied with all required conditions of approval. AYES: Brown, Kramer, Koetting, Lawler,Weigand ABSTENTIONS: None ABSENT: Hillgren, Zak Discussion followed regarding the sensitivity of the area and addressing residents'concerns. Chair Kramer departed the meeting at 8:40 p.m.and Vice Chair Brown took over the meeting. CONTINUED BUSINESS ITEM NO. 7 LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (PA2013-001) Site Location: Citywide Planning Program Manager Patrick Alford provided details of the report addressing key issues based on staffs communications with Coastal Commission staff. He addressed each issue, specifically, and elaborated on feedback received from Coastal Commission staff. Discussion followed regarding the Coastal Commission staff comments on the Bluff Overlay and the potential impacts on current residents in terms of fencing and irrigation and the potential need to remove structures. Planning Program Manager Alford continued with the report. A brief discussion followed regarding bluffs subject to marine erosion, potential impacts to residents, the possibility of installing retaining walls on coastal bluffs, and issues subject to interpretation as well as the amendment process. Page 7 of 9 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/17/15 Planning Program Manager Alford addressed bluff edge setbacks, purposes of establishing a bluff overlay, the Coastal Commission addressing issues on a project-by-project basis, adjustments of development zones, dealing with erosion, determinations related to the Upper Newport Bay area, coastal canyons, development string lines, contour lines, priority uses, preferential parking and parking districts, including people on moorings, beach closures, the appeals jurisdiction map and sea-level rise. Vice Chair Brown opened public comments. Jim Mosher commented on the appeal area maps and on the City's ability to self-police relative to compliance. He noted that matter has been addressed under "Appeals to the Coastal Commission", commented on the definition of"major" in terms of public works projects and on appealing approvals as well as denials. Planning Program Manager Alford responded to Mr. Mosher's concerns. Vice Chair Brown closed public comments. IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 8 MOTION FOR RECONSIDERATION - None ITEM NO. 9 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Deputy Community Development Director Wisneski referenced the Commission's tentative agenda which will include the two continuances from tonight. Additionally, she reported that Newport Villas will be presented to the Commission in two steps through a study session and a Public Hearing. 1. Update on the General Plan/Local Coastal Program Implementation Committee Deputy Community Development Director Wisneski reported there will be a Public Hearing on this matter on October 8, 2015. 2. Update on City Council Items - None ITEM NO. 10 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT- None ITEM NO. 11 REQUESTS FOR EXCUSED ABSENCES Commissioner Lawler requested an excused absence for the Planning Commission meeting of October 8, 2015. X. 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 October 8, 2015. Page 8 of 9 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/17/15 The agenda for the Planning Commission meeting was posted on Friday, September 11, 2015, at 2:50 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, September 11, 2015, at 3:10 p.m. Kory Kramer, Chair Peter Koetting, Secretary Page 9 of 9