Loading...
HomeMy WebLinkAbout1.0 - Draft Minutes CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers — 100 Civic Center Drive Thursday, September 3, 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—Commissioner Hillgren III. ROLL CALL PRESENT: Brown, Hillgren, Koetting, Lawler,Weigand, Zak ABSENT: Kramer(Excused) Staff Present: Deputy Community Development Director Brenda Wisneski; Assistant City Attorney Michael Torres; Planning Manager Patrick Alford; Associate Planner Makana Nova; Administrative Support Specialist Jennifer Biddle IV. PUBLIC COMMENTS Jim Mosher referenced a prior presentation on the City's GIS Tracking System on the City's website but stated that the development tracking it provided is not what was promised in the 2006 General Plan. He referenced Section 10.2 of the General Plan which promised the public something where they can see how close existing development levels are to each of the City's statistical areas. V. REQUEST FOR CONTINUANCES Deputy Community Development Director Wisneski presented a request to continue Item No. 2 noting that the item will need to be tabled and re-noticed for the Planning Commission's next meeting. Vice Chair Brown noted that it is not on the Commission's tentative schedule. Deputy Community Development Director Wisneski stated that after the Planning Commission's action to table the item, it will be placed in same. In response to Secretary Koetting's question as to why it is being continued, Deputy Community Development Director Wisneski reported that it was determined that the noticed had an error and was continued twice. This will allow staff the opportunity to notice the item correctly. Discussion followed regarding there being no sign on the front of the building and Deputy Community Development Director Wisneski stated it is the obligation of the applicant to ensure that the posting is maintained on the property. Vice Chair Brown invited the applicant to address the Planning Commission. Mr. Miller, applicant, stated he returned from a business trip, specifically to attend tonight's public hearing and was told that the item would be tabled. He indicated that he is prepared to give a presentation at this time. Vice Chair Brown stated that since it is on the agenda, Mr. Miller has the choice of presenting now, or wait until the Planning Commission's next meeting. Assistant City Attorney Torres noted that the recommendation is to table this item so that any comments made at this time would not be a part of the public hearing. In order for the presentation to be on record as it pertains to the subject appeal, it would need to be given as part of the public hearing. Any comments at this time would be general and not part of the public hearing and would not be taken into consideration by the planning Commission. He suggested Mr. Miller wait until the public hearing. Page 1 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/3/15 This matter was tabled for the purpose of it being re-noticed for the Planning Commission meeting of September 17, 2015,without objection. VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF AUGUST 20, 2015 Recommended Action: Approve and file Vice Chair Brown reported that revisions were submitted by Mr.Jim Mosher. Motion made by Vice Chair Brown and seconded by Secretary Koetting to approve the Planning Commission meeting minutes of August 20, 2015, as amended. AYES: Brown, Koetting, Lawler,Weigand, and Zak ABSTENTIONS: Hillgren ABSENT: Kramer(Excused) VII. PUBLIC HEARING ITEMS ITEM NO.2 MILLER RESIDENCE GRADE ESTABLISHMENT APPEAL(PA2015-120) Site Location: 1608 West Ocean Front Continued from August 6, 2015 and August 20, 2015 The aforementioned item was continued until the Planning Commission meeting of September 17, 2015, as reflected under Request for Continuances. VIII. CONTINUED BUSINESS ITEM NO. 3 LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (PA2013-001) Site Location: Citywide Planning Program Manager Alford provided the report including background and details of the Draft Implementation Plan (Draft IP). He addressed previous study sessions on the matter, staff options, and basis of the Draft IP, allowed land uses, property development regulations, and new sections related to public access, resource protection and administration of coastal development permits. The plan has been stripped of all other discretionary actions and the coastal development permit will be the main vehicle, incorporating any applicable conditions from any other required permits. He addressed departures from existing zoning regulations, including priority uses, such as coastal-dependent and coastal-related and visitor-serving uses. He continued addressing how planned communities are addressed, including those that do not have development plans and the approved planned communities for Newport Banning Ranch and Back Bay Landing. Planning Program Manager Alford continued addressing provisions for visitor-serving accommodations and prohibition on the conversion to time-shares; development of Newport Harbor; public beaches and public trust lands. Vice Chair Brown wondered if the Back Bay Landing fits into the Tidelands Trust and Planning Manager Alford explained that only the portion that is below the mean high tide line would fall under the Tidelands Trust. Planning Program Manager Alford addressed incorporation of exceptions to the Tidelands Trust, special events, parking regulations, and non-residential water-front development. He continued addressing development in hazardous areas and requirements for a coastal hazards report, and a waiver of future protections. He reported on additional property development standards that are not in the Zoning Code, including water-efficient landscaping, water-quality control, preferential parking zones, harbor and bay Page 2 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/3/15 regulations, non-conforming structures, public access and recreation, exemptions, resource protection and canyon overlays. Discussion followed regarding development stringlines and the predominant line of existing development. Planning Program Manager Alford explained how it is proposed that structures that may extend beyond the Canyon Overlay streamline could be reconstructed. He continued addressing scenic and visual protection related to impacts to public views, and site planning and design principles, cultural resource protection, administration, exemptions from coastal development permit requirements and problematic areas, including Irvine Terrace and the canyon areas. Vice Chair Brown wondered how that issue will be ultimately resolved and Planning Program Manager Alford reported that it will be analyzed by Coastal Commission staff and they will, hopefully, recommend some type of modification that we can agree on. Planning Program Manager Alford addressed permit authority and the requirement for a permit and appeals area map. In response to Commissioner Hillgren's questions regarding the jurisdiction for appeals, Planning Manager Alford reported that normal appeals provisions would apply. Appeals would be subject to the local level and then to the Coastal Commission. In response to Commissioner Zak's questions regarding areas under the Coastal Commission appeals, Planning Program Manager Alford identified the Coastal Zone boundary and other appeals areas. The Coastal Commission would ultimately approve the maps based on the recommendations of their mapping unit. Planning Program Manager Alford reported on the application processes and permit and appeals authority of the various governing bodies, schedules and costs. He addressed the community outreach process and next steps. Secretary Koetting asked whether schedules are mandated and Planning Program Manager Alford reported that the Coastal Commission is required to handle applications within 90 days, but that they commonly ask for, and receive a one-year extension. He added that the City usually makes its best case and has generally supported the extensions but indicated there are certain assurances that must be granted within a certain time period. It depends on the Coastal Commission's workload. Staff has spent a lot of time working with the Coastal Commission to iron out as many issues as possible. Vice Chair Brown wondered if the City is being fined for not having an LCP and Planning Program Manager Alford noted that the Newport Coast part of the City is under its own LCP and has been, for a number of years. In exchange for allowing the Newport Coast LCP to be used after annexation, the City was required to do an LCP in an unreasonable time frame and the City was required to pay $1,000 each month that it does not have an LCP, to the Coastal Conservancy. In response to Commissioner Lawler's inquiry, Planning Program Manager Alford addressed costs of permits and their basis. Commissioner Weigand wondered if extra staff would be hired to deal with post-certifications and Planning Program Manager Alford stated that staff does not anticipate needing to do that. Planning Program Manager Alford stated that staff hopes for a hearing by mid-year and addressed next steps. Deputy Community Development Director Wisneski addressed the eight issues to be considered at the next study session for this item. Discussion followed regarding beach curfews. Page 3 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/3/15 Deputy Community Development Director Wisneski provided information on the results of a recent meeting with Coastal Commission staff. They identified areas for which they would like further review. Vice Chair Brown opened public comments. Jim Mosher commented on the administrative process and addressed the current coastal development permit process and noticing and opined that new noticing requirements will provide a "limited window" of notice. He expressed concerns regarding the City weighing in on compliance of City projects. He briefly addressed beach curfews. Vice Chair Brown closed public comments. Planning Program Manager Alford reported that staff is proposing that notification for coastal development permits mirror current notification requirements. Staff is waiting from comments from the Coastal Commission regarding the administration of the Draft IP. In response to Commissioner Hillgren's questions regarding noticing, Planning Program Manager Alford reported that the Code currently has a provision where any person may receive a notice regarding their item of interest. Planning Program Manager Alford addressed the appeals process noting that, post-certification, the City is given permit authority. There is no provision for appeals to the Coastal Commission outside of appeal areas. In response to Vice Chair Brown's question regarding the process for changes post-certification, Planning Program Manager Alford reported that the matter would need to return to the Coastal Commission for consideration of specific changes. Planning Program Manager Alford indicated minor changes are processed quickly, without controversy. In response to Secretary Koetting's inquiry regarding whether the Coastal Commission will attend City public hearings, Planning Program Manager Alford stated they will receive an administrative record of the Planning Commission's actions as well as previous meetings regarding the matter. But is likely they will not attend. IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION - None ITEM NO. 5 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee - None 2. Update on City Council Items Deputy Community Development Director Wisneski provided an update on City Council items including the Planning Commission's tentative agenda through November. ITEM NO. 6 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT - None ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES Commissioner Hillgren requested an excused absence for the Planning Commission meeting of September 17, 2015. X. ADJOURNMENT Page 4 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/3/15 There being no further business to come before the Planning Commission, the meeting was adjourned at 7:48 p.m. to the Planning Commission meeting of September 17, 2015. The agenda for the Planning Commission meeting was posted on Friday, August 28, 2015, at 1:00 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, August 28, 2015, at 1:30 p.m. Kory Kramer, Chair Peter Koetting, Secretary Page 5of5