HomeMy WebLinkAbout20190822_PC_MinutesPlanning Commission Minutes
August22,2019
Koetting's queries, Mr. Mensinger stated there are no plans for a pharmacy in the building. Cort Ensign of Mesa
Management reported the building is occupied 79 percent by medical uses and 21 percent by office uses. The
office space contains 6,400 square feet, which requires 6.5 parking spaces. Staff utilized a parking ratio of five
spaces per 1,000 square feet. The building was constructed on a parking ratio of 4.6 spaces per 1,000 square
feet, and the City grandfathered 18 parking spaces. With 100 percent medical office, the building needs 6.4 parking
spaces per 1,000 square feet. The property manager screens tenants for high-value-per-visit activities. Most of
the medical offices support their staff on five to seven visits per day. Leases restrict the number of parking spaces
available to tenants. A general medical designation is generic when there are many medical subspecialties.
Associate Planner Crager explained that general office is parked at a rate of one space per 250 square feet, and
medical office is parked at a rate of one space per 200 square feet. In a building with a mix of uses, up to 20
percent of the building can be occupied by medical offices that are parked at one space per 250 square feet.
Parking is based on gross square footage of the building. The building is currently required to have a minimum of
6,695 square feet of general office without approval of a parking waiver. Approval of a parking waiver would
remove the general office minimum and allow the entire building to be used as medical office. Community
Development Director Jurjis added that medical office is required to provide a higher ratio of ADA spaces. The
number of ADA spaces will be reviewed during the building plan review process. Even though an ADA space is
counted as a parking space, the total number of parking spaces could decrease.
In answer to Vice Chair Weigand's inquiry, Associate Planner Crager indicated 142 parking spaces are provided
on-site, but many of the spaces are unoccupied.
In response to Commissioner Lowrey's question, City Traffic Engineer Tony Brine reported counts were conducted
in the existing parking lot. The existing demand was calculated on occupied uses, and Code requirements were
applied to vacant uses. The existing demand and the Code requirement totals 123 spaces.
In reply to Commissioner Rosene's query, Associate Planner Crager could not think of a similar parking situation
in the City. Principal Planner Ramirez added that real-time parking demand varied based on the medical practice
and proximity to Hoag Hospital.
Chair Koetting opened the public hearing.
Jim Mosher suggested Condition of Approval No. 8 state "surrounding businesses or residences" as residences
are located on two sides of the project site. Some buildings in Corona del Mar with surplus parking agree to allow
other businesses to utilize the surplus parking for employees. The indicator for north on the aerial photographs is
wrong.
Chair Koetting closed the public hearing.
Motion made by Commissioner Lowrey and seconded by Vice Chair Weigand to adopt Resolution No.
PC2019-025 approving Coastal Development Permit No. CD2019-025 and Conditional Use Permit No.
UP2019-025.
AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, Rosene
NOES:
RECUSED:
ABSENT:
ITEM NO. 5 TRANSFER OF DEVELOPMENT RIGHTS LCP AMENDMENT (PA2019-154)
Site Location: Citywide
Summary:
Local Coastal Program Amendment (LCPA) to include policy and regulations pertaining to the transfer of
development rights. Specifically, the proposed LCPA would: 1) include a policy in the Coastal Land Use
Plan allowing transfers; and 2) provide regulations within the LCP Implementation Plan (Newport Beach
Municipal Code Title 21 ).
Recommended Action:
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1. Conduct a public hearing;
Planning Commission Minutes
August 22, 2019
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378. The
proposed action is also exempt pursuant to State CEQA Guidelines Section 15061 (b)(3) because it
has no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2019-026 recommending the City Council authorize staff to submit Local
Coastal Program Amendment No. LC2019-003 to the California Coastal Commission.
Principal Planner Jaime Murillo reported the City Council initiated the item in April 2019 to include the transfer of
development rights (TOR) policy and regulations in the coastal zone. TOR is a common land use tool for growth
management and conservation. TOR allows the movement or transfer of development opportunities from one
property, a donor site, to another property, a receiver site. TOR may provide an incentive for a property owner to
preserve an historic building or a sensitive site. TOR is regulated under General Plan Policy LU 4.3, which allows
the transfer of development and emphasizes that a public benefit should result from the transfer. Development on
the receiving site should be within scale and compatible with the community character and should not result in
traffic impacts to the area. Zoning Code Chapter 20.46 implements Policy LU 4.3. The City Council with a
recommendation from the Planning Commission is the review authority for TOR in the City. Findings have to be
made consistent with the goals of Policy LU 4.3. Prior to adoption of the LCP, TOR was permitted citywide
including the coastal zone through the existing General Plan and Zoning Code policies. The recently certified LCP
does not include provisions for TOR; therefore, the proposed amendment is needed. The amendment would add
Policy 2.1.1-2 to the Coastal Land Use Plan and Chapter 21.45 to the Implementation Plan. Additional findings
for a coastal development permit for a TOR are consistent with the existing Zoning Code findings, and include
compliance with the City's Coastal Land Use Plan policies, and that the resulting development shall not impact
public access, views, and coastal resources. TOR for Newport Center is governed by General Plan Policy LU
6.14.3. Policy LU 6.14.3 does not include a specific requirement for a public benefit or compatibility of scale.
Earlier in the day, staff provided the Planning Commission with a revised resolution clarifying findings needed for
TOR in Newport Center, consistent with Policy LU 6.14.3. Staff recommends adoption of the revised resolution.
If approved by the City Council, staff will submit the proposed amendment to the California Coastal Commission
for review and approval. Upon approval by the Coastal Commission, staff will present the amendment to the City
Council for adoption.
In response to Commissioner Rosene's inquiries, Principal Planner Murillo advised that TOR may occur within the
same statistical area only. Many of the commercial properties in Mariners' Mile are zoned for mixed use, which
requires a commercial component on the ground floor. Many property owners are having difficulty developing a
mixed-use project that provides the minimum commercial component and required parking. Mr. Matsler's letter
recommends eliminating the requirement for ground-floor commercial uses and allowing 100-percent standalone
residential development. That recommendation is not a part of the agenda item.
In reply to Chair Koetting's question, Principal Planner Murillo indicated the statistical area restriction is specific to
the City of Newport Beach.
In answer to Vice Chair Weigand's question, Principal Planner Murillo explained that the Planning Commission
recommends the City Council approve or deny the amendment, and the Council will review the amendment and
consider the Planning Commission's recommendation. The Council could direct the Planning Commission to
consider Mr. Matsler's recommendation.
Chair Koetting opened the public hearing.
Jim Mosher did not believe the proposed amendment contains the statistical area restriction. The narrative of the
Coastal Land Use Plan should be amended to reflect the proposed policy. The Implementation Plan does not
reference protections or enhancements of the LCP. He did not believe the Coastal Commission would approve
the proposed amendment.
Chair Koetting closed the public hearing.
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Planning Commission Minutes
August 22, 2019
Principal Planner Murillo explained that the statistical area limitation is contained in the General Plan and the
Zoning Code. Statistical areas exist in the General Plan only , not the LCP. Staff attempts to maintain consistency
in regulations between Title 20 and Title 21 .
Motion made by Vice Chair Weigand and seconded by Commissioner Rosene to adopt Resolution No .
PC2019-026 recommending the City Council authorize staff to submit Local Coastal Program Amendment No.
LC2019-003 to the California Coastal Commission .
AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, Rosene
NOES :
RECUSED:
ABSENT:
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO. 6
None
ITEM NO. 7
MOTION FOR RECONSIDERATION
REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA.
Community Development Director Jurjis reported Senior Planner Murillo has been promoted to Principal Planner.
The September 5 Planning Commission hearing is canceled . The agenda for the September 19 hearing contains
several items . The General Plan Update Steering Committee is scheduled to meet on September 12 at Marina
Park and September 25 in Council Chambers .
ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES
None
X. ADJOURNMENT -8:54 p.m .
The agenda for the August 22, 2019, Planning Commission meeting was posted on Friday, August 16,
2019, at 2:15 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 16, 2019,
at 2:30 p.m.
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