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HomeMy WebLinkAbout1.0 - Draft Minutes_02-18-2016 CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers— 100 Civic Center Drive Thursday, February 18, 2016 REGULAR MEETING 6:30 p.m. I. CALL TO ORDER- The meeting was called to order at 6:30 p.m. by Vice Chair Brown II. PLEDGE OF ALLEGIANCE—Vice Chair Brown III. ROLL CALL PRESENT: Brown, Hillgren, Kramer(arrived at 6:45 p.m.), Koetting, Weigand,Zak ABSENT(Excused): Lawler Staff Present: Deputy Community Development Director Brenda Wisneski; Assistant City Attorney Michael Torres; City Traffic Engineer Tony Brine; Police Civilian Investigator Wendy Joe; Assistant Planner Melinda Whelan; Associate Planner Benjamin Zdeba; Administrative Support Specialist Jennifer Biddle; Administrative Support Technician Traci Mackinen IV. PUBLIC COMMENTS Jim Mosher spoke and referenced the last meeting where he asked for an opportunity to speak regarding Item No. 7 (3) of the present agenda relative to a proposal to limit the late submission of written comments. That request was overlooked and Mr. Mosher hoped that the public will have an opportunity to comment when the item is heard. Additionally, he referenced the most recent City Council agenda relative to a proposal for televising Planning Commission meetings and suggested that Planning Commission members may wish to review and comment on the item. V. REQUEST FOR CONTINUANCES- None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF JANUARY 21, 2016 Recommended Action: Approve and file Vice Chair Brown indicated he heard the meeting audio and that it appeared that what was recorded, was reflected in the minutes. Therefore, he felt able to act on them, accordingly. Motion made by Secretary Koetting and seconded by Commissioner Zak to approve and file the Planning Commission meeting minutes of January 21, 2016, as submitted. AYES: Brown, Hillgren, Koetting,Weigand ABSTAIN: Zak ABSENT: Kramer, Lawler ITEM NO.2 MINUTES OF FEBRUARY 3,2016 Recommended Action: Approve and file Vice Chair Brown noted receiving corrections to the minutes of February 3, 2016, from Chair Kramer and from Mr. Jim Mosher. Motion made by Secretary Koetting and seconded by Commissioner Weigand to approve and file the Planning Commission meeting minutes of February 3, 2016, as amended. AYES: Koetting,Weigand, Zak ABSTAIN: Brown, Hillgren Page 1 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/18/16 ABSENT: Kramer, Lawler VII. PUBLIC HEARING ITEMS ITEM NO.3 BALBOA BOULEVARD CODE AMENDMENT (PA2015-196) Site Location: 3008, 3010 and 3012 Balboa Boulevard Assistant Planner Melinda Whelan presented a report on the City-initiated Code Amendment to correct an error from the 2010 Zoning Code update. She provided specific details of the need for the amendment and addressed the existing and amended setback maps, conformance to the surrounding neighborhoods, findings and recommendations. Regarding the property adjacent to the north, Commissioner Hillgren asked whether it has the same five-foot setback and Assistant Planner Whelan indicated that it is a commercial property and that it has the five-foot setback. Vice Chair Brown opened the public hearing. Howard Minnick, owner of 3012 West Balboa Boulevard, thanked Mayor Dixon for her willingness to meet with residents, discuss their concerns, and take rapid action to correct the situation. He thanked the Commission for its support as well as Assistant Planner Whelan. Secretary Koetting asked whether Mr. Minnick is the applicant for a new duplex on the property and Mr. Minnick responded, affirmatively. Jim Mosher noted that it was pointed out that the error involved a clerical error in connection with the dissolution of the Cannery Village/McFadden Square specific plan. He added that the idea that specific plans will be dissolved, is inconsistent with the General Plan adopted in 2006. He commented on intentional changes made when the specific plan was dissolved. He encouraged that the Planning Commission approve the item but indicated it is strange that the City supports dissolving specific plans when the General Plan endorses them. Vice Chair Brown closed the public hearing. Motion made by Commissioner Hillgren and seconded by Commissioner Zak to adopt Resolution No. 2010 recommending City Council adoption of Code Amendment No. CA2015-011 amending Setback Map No. S- 2B. AYES: Brown, Hillgren, Koetting,Weigand, Zak ABSTAIN: None ABSENT: Kramer, Lawler ITEM NO.4 THE DOG REPUBLIC (PA2015-199) Site Location: 20281 Riverside Drive Associate Planner Benjamin Zdeba provided a brief presentation. He addressed the applicant's request, location including surrounding properties and uses, background and intent regarding the Residential Kennel (RK) zoning district, maximum number of dogs each property is allowed to maintain, parking, the need for an operator's permit, highlights of the conceptual plan, results of acoustical analyses, conditions of approval, findings and recommendations. Chair Kramer arrived at this juncture(6:45 p.m.). Chair Kramer opened the public hearing. In response to Secretary Koetting's inquiry, Associate Planner Zdeba addressed the range of minimum and maximum number of dogs allowed. The allowed range was based on a recommendation and requirement from Page 2 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/18/16 the Animal Control Officers by way of the Operators Permits. . To expand the number,the applicant would need to obtain an amended use permit and operator's permit. Secretary Koetting inquired if there was a formula to determine the number of dogs allowed. Secretary Koetting commented on trash and trash receptacles and asked regarding trash pick-up. Chair Kramer noted that Condition of Approval No. 13 addresses trash pickup. Secretary Koetting asked regarding outside parking and the possibility of expanding the driveway to accommodate customers and whether there is Sunday drop-off and pickup. Associate Planner Zdeba noted that a lot of the parking takes place on the street. Widening the driveway would take away from on-street parking. He suggested letting the applicant address Sunday drop-off and pickup. Commissioner Hillgren commented on his personal experience with a nearby dog kennel and restrictions in terms of needing to pick up his dog by 5:00 p.m. He noted that the subject kennel will be open until 7:00 p.m. and asked whether there are different hours of operation for different kennels. Associate Planner Zdeba reported that the Conditions of Approval placed on existing kennels, are very lax or vague. The limitation regarding hours of operation is regulated by Animal Control in connection with the Operator's Permit. Staff does not believe that providing a later closing hour is a bad thing as the traffic and parking demand would be less at that time. Commissioner Hillgren asked about the requirement for a Parking Management Plan noting that he did not find one. Associate Planner Zdeba reported that the plan is included in the staff report. Brief discussion followed regarding noise and compliance with the Parking Management Plan. Chair Kramer invited the applicant to address the Commission. Kevin Burke, business owner and applicant, reported that dog pickup time is a model adopted by kennels all over the country to make sure they get the overnight fee and lock in for overnight and weekend rates. Some do not allow Sunday pickup in order to get the extra money for another overnight stay. Additionally, he addressed parking and the layout of the property. He added that they pick up and drop off dogs with their van, 95% of the time. Susan Doan reported she lives on property near the proposed project and expressed concerns regarding noise from barking dogs. She added that dogs constantly walk across her property, disturbing the landscape. She felt it is inhumane to put twenty-nine dogs in a small area and complained of odors. She reported that some of the kennel owners or employees yell at the dogs and spoke in opposition to the project. Ms. Doan urged the Planning Commission to deny the project. Jim Mosher referenced written comments he submitted earlier and expressed concerns regarding parking, noise and Condition of Approval No. 16. He added that even with no dogs, the ambient noise level in the area is above the allowed limitation. Chair Kramer closed the public hearing. In reply to Commissioner Zak's inquiry, Associate Planner Zdeba noted that the Residential Kennel (RK) District regulations were put in place by the County and carried over as part of the neighborhood's annexation into the city. He also noted that there are special regulations within the residential kennel district relative to the need for submission of an acoustical analysis. He added that the intent is to ensure that the subject proposal does not exacerbate the existing ambient noise levels and that the Municipal Code gives Animal Control Officers the discretion to determine whether a dog barking is a nuisance to the area. Page 3 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/18/16 Vice Chair Brown asked whether this property was a kennel previously. Associate Planner Zdeba stated although he was uncertain about the historic use of the property, the subject proposal is for a new kennel as there has not been one operating at the subject location since annexation. Motion made by Vice Chair Brown and seconded by Secretary Koetting to adopt Resolution No. 2011 approving Conditional Use Permit No. UP2015-043. AYES: Brown, Hiligren, Kramer, Koetting,Weigand,Zak ABSTAIN: None ABSENT: Lawler VIII. NEW BUSINESS ITEM NO.5 WEST NEWPORT MESA STREETSCAPE MASTER PLAN—PROJECT INTRODUCTION (PA2015-138) Site Location: Citywide Deputy Community Development Director Brenda Wisneski introduced the item, provided background and reported that the City retained a consultant to develop a Streetscape Master Plan. She added that the purpose of the discussion is to obtain input from the Planning Commission in terms of providing guidance regarding the process. She indicated that the scope of work is included in the agenda packet noting that it involves a series of public interactions resulting in a Master Plan that will have a variety of visual images and cost estimates that will be utilized to inform the process, in the future. She deferred to the consultant for additional information. Brian Hannegan, consultant, RRM Design Group, provided a PowerPoint presentation addressing the area of focus, streets that will be examined for the Master Plan, goals, existing conditions, landscape improvements, amenities and comments collected from prior public meetings. Discussion followed regarding the number of people attending the first public workshop and next steps. In response to Secretary Koetting's inquiry regarding the timeline and why the project takes so long, Mr. Hannegan noted the time to prepare the information, publicize the public workshops and receive comments from the public. Brief discussion followed regarding projects pending in the area. In reply to Secretary Koetting's question regarding signage, Mr. Hannegan stated that there is a sign consultant that will work with him and staff during the last phase of the design. Additionally, he commented on traffic-calming design elements. Vice Chair Brown asked whether undergrounding utilities have been considered and Mr. Hannegan stated there was no mention of doing so at the recent public workshop. There was brief discussion, however, during a stakeholders' meeting. Commissioner Zak felt that utility undergrounding should be taken into consideration and asked regarding implementation. Deputy Community Development Director Wisneski reported that as new development comes in, developers will be expected to comply with the Master Plan and that Council will use it in forming its decision regarding future capital improvements projects. She added that during the stakeholders meeting, one-on-one meetings were held with property owners and HOAs and that the topic of undergrounding came up. They were informed of the City's Utility Undergrounding District process and that the same must be initiated by property owners. She added that undergrounding can also be required on a project-by-project basis. Commissioner Zak noted the need to coordinate in terms of implementation. Page 4 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/18/16 Commissioner Hillgren commented positively on the project and the engagement of stakeholders. In response to his inquiry, Mr. Hannegan acknowledged challenges with the multiple layers within the plan. Commissioner Hillgren noted the need for a vision as to what the project can be, when it all comes together in the future. Chair Kramer requested information regarding immediately adjacent areas and areas outside the project area to be included in the Master Plan. Secretary Koetting requested that staff distribute updates and draft concepts prior to the next Planning Commission meeting and Deputy Community Development Director Wisneski agreed to do so. Chair Kramer opened public comments. Jim Mosher reported attending the workshop on this matter and stated that perhaps six or eight of the attendees live within the district. One of those expressed a strong opinion that he did not want the area revitalized. Additionally, he stated his impression was that the plan was for a new Public Works project as the City had done to improve the streetscape on Balboa Boulevard and is planning to do along Coast Highway. He suggested that the plan/concept needs to be better-defined for increased understanding. Chair Kramer agreed, but added there is time to think through how this is going to work. Brief discussion followed regarding the number of residents living in the area and the type of residential units. Deputy Community Development Director Wisneski reported that it is a Master Plan in that it sets direction for improvements that are to be done in the public realm. In terms of private projects, for example, Ebb Tide, will be required to dedicate an additional fifteen feet of front yard setback for the purposes of improving the public realm in exchange for them having additional height. Chair Kramer closed public comments. IX. 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 reported that staff is continuing to negotiate with the Coastal Commission and that the City's application for the LCP has still not been deemed complete. 2. Update on City Council Items Deputy Community Development Director Wisneski reported that City Council reviewed the appeal for the Balboa Marina West Restaurant and upheld the Planning Commission's decision to approve the project. She reported on the Dunes Use Permit, noting that it was called up by Council Member Duffield and that the item will be reviewed by Council, at a future date. Chair Kramer reported that the Coastal Commission terminated its Executive Director and asked how that fits in to the City's timeframe. Deputy Community Development Director Wisneski reported that Coastal Commission staff has not indicated there would be a change in direction as it pertains to processing the City's LCP application. She reported that the Coastal Commission appointed an an Interim Director which may help the situation. 3. Adopt amended Rules of Procedures of the Planning Commission Page 5 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/18/16 Deputy Community Development Director Wisneski referenced the amended Planning Commission Rules and Procedures noting that a copy has been included in the agenda packet. Chair Kramer opened public comments. Jim Mosher read his written comments and reminded City staff of Article 1, Section 3, the public's rights under the California Constitution which was recently amended by the People of the State of California, regarding the public right to access meetings. He indicated he feels the decision before the Planning Commission will limit his right to access the meeting by means of written comments. He feels that the desire for the Commission to receive written comments in time to carefully review them is commendable and is certainly something that should be encouraged of persons wanting their comments to be given full weight. He feels the staff report gives no precedent for the proposed rule other than a verbal assurance. This is very limiting and he feels the Commission should continue this item. Chair Kramer closed public comments. Assistant City Attorney Torres stated that nothing in the proposed rule would limit the public's right to attend the meeting. Instead, this is a rule that is commonly used, as well as by our City Council. It encourages submittal of comments, early, so that the Planning Commission can adequately consider and respond to comments. So, there is nothing in here that I would see that would prevent the Planning Commission from proceeding tonight on the document's rule. Commissioner Zak referenced CEQA challenges and indicated that he understood challenges are required prior to a meeting or in comments. He asked that Assistant City Attorney Torres to clarify what is allowed,what is not allowed,and what would be admissible in a court. Assistant City Attorney Torres stated that courts have reviewed similar rules and the intent is to discourage the submittal of lengthy documentation prior to a meeting for the purposes of continuing the hearing. Assistant City Attorney Torres referred to a recent Planning Commission hearing where this occurred. He indicated that courts tend to frown upon that strategy. It's not meaningful CEQA review, it's not allowing time for staff to adequately review the comments and respond. Commissioner Zak expressed concerns with making the change and stated he is not in support of the matter. Assistant City Attorney Torres added that staff will still accept late communications, but this, at least, establishes a rule that the City is not going to respond to those or consider them. But, they will be accepted. In further response to Commission Zak's inquiry,Assistant City Attorney Torres presented examples to clarify the matter. He added that in terms of the Brown Act, nothing in the rule is preventing anyone's access to a meeting. It was noted that there has been no problem with this rule relative to City Council. Motion made by Commissioner Hillgren and seconded by Secretary Koetting to adopt amended Rules of Procedures of the Planning Commission. AYES: Brown, Hillgren, Kramer, Koetting,Weigand NOES: Zak ABSTAIN: None ABSENT: Lawler ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT Commissioner Weigand referenced an article in the "Daily Pilot" regarding the upcoming museum project and asked regarding a protocol for dealing with the media. Page 6 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 2/18/16 Deputy Community Development Director Wisneski reported that Commissioners should be aware of pending applications in case they are asked questions by the public. She commented on providing a project list to the Planning Commission, quarterly. Discussion followed regarding an upcoming museum house scoping meeting and a study session, to be held a month prior to the Planning Commission hearing. Chair Kramer proposed a study session on the Museum House as early as March 17th. He commented on the importance of having sufficient study sessions to thoroughly vet important, upcoming projects. Deputy Community Development Director Wisneski addressed and provided updates on Uptown Newport, the Residences at Newport Place, Banning Ranch and Mariners Mile. ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES Commissioner Hillgren requested an excused absence from the Planning Commission meeting of March 3, 2016. X. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 8:15 p.m. to the Planning Commission meeting of March 3, 2016. The agenda for the Planning Commission meeting was posted on Friday, February 12, 2016, at 2:45 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, February 12, 2016, at 3:30 p.m. Kory Kramer, Chair Peter Koetting, Secretary Page 7 of 7 Planning Commission - March 3, 2016 Item No. 1 a Additional Materials Received Draft Minutes of February 18, 2016 March 3, 2016, Planning Commission Agenda Item Comments Comments on Newport Beach Planning Commission regular meeting agenda item submitted by: Jim Mosher(jimmosher(a)yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 1. MINUTES OF FEBRUARY 18, 2016 Suggested changes to the draft minutes passages in italics are indicated in strikeout underline format. Page 2, Item 3, paragraph 4: "Howard Minnick, owner of 3012 140fest Balboa Boulevard, ..." [I don't know if Mr. Minnick used the term, but the staff report and resolution all refer to the property being on "Balboa Boulevard"without the "West"] Page 4, paragraph 4 from and: "Vice Chair Brown asked whether undergrounding utilities have has been considered ..." Page 5, Item 7, last line: "She reported that the Coastal Commission appointed an an Interim Director which may help the situation." Page 6, paragraph 5, last sentence: "Se theFe is nothing in heFe that 1 would see He said he saw nothing that would prevent the Planning Commission from proceeding tonight on the document's rule." [draft minutes inadvertently lapse from summary mode to transcript mode] Page 7, paragraph 2: "Discussion followed regarding an upcoming museum house Museum House scoping meeting and a study session, to be held a month prior to the Planning Commission hearing."