HomeMy WebLinkAbout02/09/2017 - Planning Commission NEWPORT BEACH PLANNING COMMISSION DRAFT MINUTES
CITY COUNTY CHAMBERS—100 CIVIC CENTER DRIVE
THURSDAY, FEBRUARY 9, 2017
REGULAR MEETING—6:30 P.M.
1. CALL TO ORDER—The meeting was called to order at 6:35 p.m.
II. PLEDGE OF ALLEGIANCE—Chair Kramer
III. ROLL CALL
PRESENT: Chair Kory Kramer, Vice Chair Peter Koetting, Commissioner Bill Dunlap, Commissioner Erik
Weigand, Commissioner Ray Lawler, and Commissioner Bradley Hillgren
ABSENT: Secretary Peter Zak
Staff Present: Deputy Director Brenda Wisneski; Assistant City Attorney Michael Torres; City Traffic Engineer
Tony Brine; Police Department Civilian Investigator Wendy Joe; Assistant Planner Melinda Whelan;Associate
Planner Makana Nova; Associate Planner Rosalinh Ung; Public Works Director Dave Webb;Administrative
Support Specialist Jennifer Biddle; and Administrative Support Technician Patricia Bynum
IV. PUBLIC COMMENTS
Jim Mosher inquired whether the meeting was being recorded and, if so, where videos could be viewed.
Deputy Director Wisneski advised that the meeting was being recorded, and videos would be available on the
City's website the following day.
V. REQUEST FOR CONTINUANCES
None.
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF JANUARY 19, 2017
Recommended Action: Approve and file
Motion made by Vice Chair Koetting and seconded by Commissioner Weigand to approve the minutes of January
19, 2017 as presented.
AYES: Kramer, Koetting, Dunlap, Lawler,Weigand
NOES: None
ABSTAIN: Hillgren
ABSENT: Zak
VII. PUBLIC HEARING ITEMS
ITEM NO. 2 1706 PARK AVENUE SETBACK DETERMINATION (PA2016-197)
Site Location: 1706 Park Avenue
Assistant Planner Whelan reported the applicant proposed a 10-foot front setback where the Code required a
20-feet due to the previous reorientation of three parcels in Block 5. The structures on the subject property
and adjacent property at 1708 Park Avenue are constructed at 10 feet. The structure at 1710 Park Avenue is
constructed at approximately 7.5 feet from the front setback. A lot area comparison demonstrates that the
proposed front setback is compatible with typical lots in the neighborhood as well as the resulting floor area.
The proposed setback would not be detrimental to the neighborhood and would allow development consistent
with the neighborhood.
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In response to a Commissioner's question, Assistant Planner Whelan advised that the applicant is the current
owner of the property.
Commissioner Dunlap had visited the site, and Vice Chair Koetting had met with the applicant.
Chair Kramer opened the public hearing.
Devin Lucas, legal representative for the applicant, explained that the property was owned by a trust, and the
trustees lived out of state.
In response to Vice Chair Koetting's inquiry, Mr. Lucas related that there were no plans to redevelop the
property at the current time.
In reply to Chair Kramer's question, Mr. Lucas indicated sale of the property was not contingent upon approval
of the proposed setback.
Joanne Thomas, resident at 1708 Park Avenue, remarked that she was opposed to the house being moved
forward on the lot. She did not oppose the house being rebuilt or remodeled in its current location.
Chair Kramer closed the public hearing.
Motion made by Commissioner Weigand and seconded by Commissioner Lawler to (1)find this project exempt
from the California Environmental Quality Act (CEQA) pursuant to Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations), and (2)
Adopt Resolution No. 2046 approving Staff Approval for an Alternative Setback Determination No. SA2016-
018.
AYES: Kramer, Koetting, Dunlap, Hillgren, Lawler,Weigand
NOES: None
ABSTAIN: None
ABSENT: Zak
ITEM NO. 3 VUE NEWPORT RESTAURANTS AND PARKING MANAGEMENT PLAN (PA2016-157)
Site Location: 2300 Newport Boulevard, McFadden Square Area, Balboa Peninsula
Associate Planner Ung reported the applicant proposed a fine-dining restaurant with a Type 47 alcohol license,
a casual-dining restaurant with a Type 41 alcohol license, and a parking waiver with a parking management
plan. Both restaurants would operate from 6 a.m. to 10 p.m. Monday through Wednesday and from 6 a.m. to
11 p,m.Thursday through Sunday, and would have no late hours, live entertainment or dancing. The applicant
tentatively proposed Prego as the operator of the fine-dining restaurant and Pizza Press as the operator of the
casual-dining restaurant. The fine dining restaurant would have approximately 5,204 square feet in gross floor
area and has a limit of 651 square fleet for outdoor dining area, approximately 25 percent of the interior dining
area. The casual-dining restaurant would have approximately 2,142 square feet in gross area and has a limit
of 268 square feet for outdoor dining. The subject property was located in the heart of McFadden Square and
zoned Mixed-use Water Related. The Police Department provided conditions of approval for the application.
The site is approximately 2.3 acres in size and under construction with 27 for-sale residential units, a 19-slip
marina, 35,000 square feet of retail and office uses. The site has a total of eight buildings, a public plaza, and
parking for residents and employees. She reviewed access to the site, underground garage, and to the marina.
The fine-dining restaurant would be located in Building C and the casual-dining restaurant in Building A. The
parking requirement for the mixed-use site was a total of 257 parking spaces; the applicant proposed 234
spaces. The applicant requested a shared parking program to justify the waiver of 23 parking spaces. The
parking management plan applied to the total development. Conditions of approval for the two restaurants
were identical with the exceptions of the type of ABC license, area square footage, and restrictions on the bar
areas. Staff considered the parking waiver and parking management plan together because of the proposed
shared parking arrangement. The applicant proposed changes to Conditions of Approval 11, 16, 18, and 51,
to which staff agreed.
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In response to Commissioner Dunlap's question, City Traffic Engineer Brine explained that 300 trips per day
would trigger a traffic study, according to the traffic phasing ordinance. The traffic analysis forecast 295 trips;
therefore, a traffic study was not necessary.
In reply to Vice Chair Koetting's inquiries, Associate Planner Ung explained that the parking deficiency
decreased because a portion of boat slips would be leased to the general public. Parking for boat slips was
calculated at 0.75 per slip, for a total of seven parking spaces. Boat size was not a factor in the parking
requirement. Parking for boat slips would be located in the underground parking. Deputy Director Wisneski
added that the parking deficit resulted in a cumulative parking calculation for each individual land use which
does not recognize the shared aspect of the mixed use development. Peak demand was forecast at 127
parking spaces; onsite parking totaled 142 spaces. Staff did not believe the leasing of boat slips would be a
significant contribution to parking demand. Nine slips could be leased to the public or to residents. Staff felt
seven parking spaces for boat slips would be absorbed into the onsite parking supply.
In response to Commissioner Weigand's questions, Deputy Director Wisneski advised that residents would not
be allowed to sublease their boat slips. The conditions of approval stated that the slip-way area should not be
used for permanent berthing but available for the public.
Chair Kramer inquired whether the slip area was for smaller vessels, Deputy Director Wisneski indicated that
there are 19 boat slips.
In reply to Commissioner Lawler's inquiries, Police Civilian Investigator Joe indicated the Police Department
carefully considered the application and believed the restaurants could work to raise the demographics in the
area. Many concerns were alleviated by the lack of late hours. The Police Department included a special
condition regarding no bar seating.
In response to Commissioner Hillgren's questions, Police Civilian Investigator Joe clarified that the Police
Department's approval would not change because of a change in operators. An operator's license was not
required because the restaurants would close by 11 p.m. Associate Planner Ung reported staff modified a
condition of approval to include language that the bar would be ancillary to the overall dining area. Deputy
Director Wisneski added that staff typically determined whether a bar was ancillary when reviewing an
application. Ancillary meant the bar would not be the predominant use. Crafting a condition of approval to
require fine dining would be difficult, but the conditions would apply parameters to any operator. The applicant
proposed charging a nominal parking fee to residents and employees. Businesses could validate parking for
patrons. The fee was proposed as a means to discourage the public from utilizing the parking garage for trips
to the beach.
In reply to Vice Chair Koetting's inquiry, Associate Planner Ung stated the applicant did not intend to have any
medical uses or other uses that would increase parking demand. Vice Chair Koetting suggested a condition
to eliminate that problem.
Chair Kramer reported a brief telephone conversation with a representative of the applicant. Vice Chair
Koetting had talked with the construction manager. Commissioners Dunlap and Weigand had spoken with the
attorney for the applicant. Commissioner Hillgren had spoken with the attorney for the applicant and the
Council Member for the area.
Chair Kramer opened the public hearing.
Chris Kelsey, applicant, remarked that all boat slips could be leased to the public, but the intention was to
provide slips to the residents. The applicant agreed to onsite security and enforcement of rules. Successful
retail needed restaurants. A nominal parking fee was needed to discourage the general public's use of the
parking garage. The applicant had leases with Prego and Pizza Press.
In reply to Commissioner Hillgren's question, Mr. Kelsey reported the property manager would have an office
onsite with security working from that office. Staff would be onsite to monitor parking, and the restaurants
would offer valet parking service.
In response to Vice Chair Koetting's concerns regarding the number of employees and the amount of available
parking, Mr. Kelsey advised that the two restaurants would have 12-18 employees per shift depending on the
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amount of business. Janis Rhodes, JR Parking Consultants, indicated automated parking would be utilized
for office and retail employee parking, Patrons were not intended to park in the podium level. Restaurant
employees would be parking in the garage. Because office and retail employees usually worked daytime
hours, shared parking would be advantageous. Mr. Kelsey stated the trash area for the restaurants was
located on the lower level, and grease traps would have to be installed.
Ken Woodrow, consultant for Prego, clarified that at any given time 18 employees might be working. A typical
evening during the week would have 12-15 employees working.
In reply to Commissioner Weigand's inquiries, Associate Planner Ung agreed that a high parking fee would
drive employees and patrons to park off-site for free or at a lower rate. Ms. Rhodes added that the applicant
intended to place parking fees within leases, so that employers would pay parking fees for employees.
Jim Mosher commented that the handout regarding slip rental contained information not presented in staff's
presentation. The Commission should state whether it adopted information from the slide or the handout. The
last sentence of the handout contained a double negative.
Mike Mugel suggested more public access to the center for boats of different sizes and types. Boat access
would help reduce parking issues. He supported the project.
Chair Kramer closed the public hearing.
Commissioner Dunlap expressed concern regarding the amount of parking for the project and the Commission
setting precedent for the applicant to change a previously approved Master Plan. The center would be easier
to access by water. He suggested the Commission approve the fine-dining restaurant only and require
monitoring of parking. The applicant could return at some future time with an application for a casual-dining
restaurant and utilize parking reports to support the application. Chair Kramer suggested increasing public
access on the bay side as an alternative.
Commissioner Hillgren offered another alternative of the Commission approving the two restaurants with a
condition that leasing the last few commercial spaces would depend upon a review of the functioning of the
center. Retail spaces did need restaurants to be successful.
In response to Commissioner Lawler's question,Vice Chair Koetting clarified his concern as being the number
of employees projected for parking needs. Perhaps the Commission could incorporate a condition for no high-
density office or retail such as medical or high-intensity uses such as workout facilities. Commissioner Lawler
suggested a condition of approval to limit the intensity of a set amount of commercial area.
Commissioners and representatives for the applicant discussed the number of boat slips proposed for lease
to residents,for lease to the public and for general public use without a lease;where the slips would be located;
the size of the slips; and the number of boats that the slips could accommodate. The applicant's goal was to
lease as many slips to residents as possible. If all 18 slips could be leased to residents, the applicant would
do so. The Commission wanted to see more slips open to the general public. The space in the middle would
be open to the public at no charge. The applicant proposed two additional slips for general public use at no
charge either in the middle or next to the fine-dining restaurant. The double slip located by the fine-dining
restaurant could accommodate five boats depending on their size. In response to Chair Kramer's question,
Deputy Director Wisneski reported the Harbor Commission had not discussed the project.
Deputy Director Wisneski understood the Commission was concerned that the project was under-parked.
Calculation of the parking requirement was based upon uses that were singular. For a shared parking situation,
the project could have a parking reduction. Based on the shared parking analysis, there was a parking surplus.
There would be 142 spaces onsite with a peak demand for 127 spaces. The Community Development Director
could require additional parking strategies that could require parking permits for employees. Employees not
bearing the cost of parking onsite could be incorporated into the parking management program.
Chair Kramer requested staff provide language for revising Approval of Condition 16.
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Police Civilian Investigator Joe amended her earlier response to Commissioner Hillgren in that security was
usually a condition of the operator's license rather than the CUP. The Police Department's night duty sergeant
did conduct a site visit.
Deputy Director Wisneski offered language for Condition 16 of"there shall be no more than seven slips that
shall be leased to the public; no less than three boat slips shall be available for dine and dock, free of charge
for visitors of the center; no fewer than nine slips shall be available for lease to residents; no overnight use of
any vessel shall be permitted nor use as permanent residence."
Commissioner Dunlap requested language restricting residents from subleasing slips, and Chair Kramer
clarified that three slots would be for public, non-lease use. Assistant City Attorney Torres clarified that each
of the three slips would hold more than one duffy boat. Chair Kramer also suggested a condition regarding
appropriate signage.
Motion made by Commissioner Lawler and seconded by Commissioner Hillgren to (1) find each project to be
exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1
(Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; (2) adopt
Resolution No. 2048 approving Conditional Use Permit No. UP2016-048 for the proposed 5,204 square-foot
fine dining restaurant including a parking reduction; and (3) adopt Resolution No. 2047 approving Conditional
Use Permit No. UP2016-041, with revisions to Conditions of Approval 11, 15, 18, 19, and 51 as discussed.
AYES: Kramer, Koetting, Dunlap, Hillgren, Lawler,Weigand
NOES: None
ABSTAIN: None
ABSENT: Zak
ITEM NO.4 DAWSON RESIDENCE VARIANCE (PA2015-224)
Site Location: 2741 Ocean Boulevard
Associate Planner Nova introduced the project, reported the project site is located next to a view point and coastal
view road identified in the City's General Plan, and shared photos from various viewpoints. A number of properties
had encroachments into the 10-foot setback along Way Lane. She reviewed the background of the property
including variances, conditions of approval, and the abandoned right-of-way. Existing variances did not apply to
the abandoned right-of-way parcel.
In reply to Chair Kramer's question, Associate Planner Nova did not recall whether the abandoned right-of-way
transaction involved compensation. Associate Planner Nova further clarified that the right-of-way was abandoned
to the subject property, which added about 5,000 square feet to the lot.
Associate Planner Nova indicated a new single-family residence would be constructed over the entire parcel. The
proposed residence complied with a number of Zoning Code standards such as front and side setbacks,floor area
maximum, and top-of-curb height limit. Portions of the home and retaining walls would project Into the 10-foot
setback, with some portions encroaching more than others. The applicant proposed a pool directly above the
garage area,which would project into the rear setback. At its closest point,the garage and pool would be 8 inches
from the property line. The property was subject to a height limit of 24 feet for a flat roof and 29 feet for a sloping
roof. The slope of the property is 58 percent. Portions of the proposed structure that exceed the height limit are
primarily in the existing parcel area, with a small portion in the abandoned right-of-way. The northwest corner of
the structure would project closer to Way Lane but would be within the buildable area; however, the two levels
would exceed the height limit. The fire pit tower would exceed the height limit and project beyond the limit of the
existing home. Staff recommended modifying the design so that the nook/sitting area was pulled back to the limit
of the existing building footprint and relocating the fire pit tower to the line of the existing building footprint.
Preserving and enhancing views is important to compliance with the applicable General Plan policies. There is a
bulk and scale issue with the variance requested for the northwest corner. Almost every home on the block had
some kind of relief from the height limit and the rear setback. Public comments expressed concern regarding
structural integrity, bulk and scale, access through Way Lane, privacy and public views, nuisance of pool activity,
structural integrity of the pool, and maintenance of trees and vegetation. Staff recommended approval of the
project with the noted modifications.
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Chair Kramer was concerned about the setbacks, particularly on Way Lane; the northwest corner and the fire pit
tower; the bulk and scale of the project; and the lack of a construction management plan.
The Planning Commission proceeded to report their ex-parte communications. Vice Chair Koetting had met with
the applicant and a next-door neighbor. Chair Kramer had talked to a neighbor. Commissioner Hillgren had met
with the applicant and a handful of applicant's consultants and had conversations with a couple of neighbors.
Commissioner Dunlap had met with the applicant and his architect. Commissioner Weigand had met with the
applicant and spoke on the phone with a next-door neighbor and his attorney.
At Vice Chair Koetting's request, Associate Planner Nova showed a site plan with an overlay of the proposed
building. The courtyard on the upper right-hand side was not habitable floor area. Vice Chair Koetting was
concerned that the proposed residence might not fit on the lot.
In reply to Commissioner Lawler's questions, Associate Planner Nova reported the applicant had not been willing
to relocate the fire pit tower or the northwest wing structures. The applicant submitted a concessions memo
modifying the architectural design of the two structures to alleviate the adjacent residents' concerns. Those
concessions were not sufficient for staff to recommend approval of the project. The worst-case encroachment at
the rear setback was 8 inches from the property line. Commissioner Lawler concurred with Chair Kramer's
concerns regarding the fire pit tower and the northwest wing.
In response to Commissioner Hillgren's inquiries, Associate Planner Nava advised that staff does not apply a
predominant line of existing development to this property because it does not fall within the coastal bluff overlay
designated in the Zoning Code. The area of focus was the existing building instead of setbacks. The existing
home already encroached into the 10-foot setback.
At Commissioner Dunlap's request, Associate Planner Nova explained that the applicant's memo made
concessions primarily to modify the architectural design of the northwest wing at the nook/sitting area and that
these changes might alleviate some of the neighbor's concerns regarding privacy. Staff still wanted the area pulled
back to the line of existing home because of the bulk and scale issue. Portions of the proposed structure still
exceeded the height limit and the structures are not necessary to the use of the home. The residence could be
redesigned. The Zoning Code contained no specific criteria for limiting bulk and mass that exceeds the height
limit; therefore, staff looked to the existing envelope for guidance. Community compatibility was a concern.
Chair Kramer opened the public hearing.
Richard Krantz, project architect, shared his process for designing the home. He wanted the house to look like it
had been there for 40, 50 years. He had only architectural elements to deal with the mass and bulk. He chose a
sloping roof because it extended the view. Lowering the roof height and using a sloping roof benefited the
community but made it harder to generate square footage. He created the pool as a buffer and tried to preserve
views. Articulation added interest to the house while attempting to preserve the view. The element at the northwest
wing was meant to shield the different private decks on the adjacent property.
In reply to Vice Chair Koetting's questions, Mr. Krantz indicated the light green area on the slide shown was a
transparent model of the neighbor's house. It was used to demonstrate that the architectural elements mitigated
the lack of privacy. The protruding bit was the neighbor's deck. The elements did not block the neighbor's
windows. The neighbors had not responded to the graphic and likely had not seen the proposed concessions.
The massing issue was handled by the architectural features, but the existing house was massive. One element
projected out to protect the privacy of both parties'decks.
Chair Kramer was annoyed that the Commission received changes the day of the meeting and preferred to
continue the item.
In reply to Commissioner Hillgren's questions, Mr. Krantz explained that the graphic illustrated the neighbor's deck
projecting in the foreground. The building design was pulled back but he needed to introduce another element to
protect privacy. The depiction reflected the change to the window only.
In reply to Vice Chair Koetting's inquiry, Mr. Krantz advised that the neighbors likely had not seen the proposed
changes. Vice Chair Koetting noted the changes did not comply with staffs recommendations.
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Craig Dawson, applicant, reported the memorandum was provided in response to Commissioners' requests for
mitigation of the privacy issue. He did not want a more massive house. The proposed house was less massive,
more attractive, and more articulated than the existing home. A portion of the northwest wing did protrude, but
many portions were pulled back. The lower roof made the house look less massive. He had been working with
staff for two years and conducted outreach to the neighbors. The proposal did increase privacy. He was not
asking for a special benefit.
In response to Vice Chair Koetting's questions,Associate Planner Nova indicated the applicant voluntarily placed
the story poles for a short period of time. Mr. Dawson related the Hamiltons' concerns regarding view of the
windows, then the balcony, and then impact to views. He had the story poles set up to demonstrate there was no
material effect on views. Now, the Hamiltons were concerned about privacy.
Norm Rodich, attorney for the applicant, advised that the design was mindful of the adjacent neighbor and
attempted to protect views and privacy. The current situation had no privacy with views into the neighbor's home
from virtually every deck and main living area of the existing residence. The neighbor's house projected out as far
as possible to capture the view. The proposed residence did not extend as far as the neighbor's residence. The
current issue was proximity and privacy. The neighbor chose view over privacy in cantilevering the residence as
far as possible. The neighbor objected to the applicant's right to do the same thing, The new proposal was
submitted in response to comments received in the last two days. The columns and windows were designed so
that no one could see in or out. The northwest wing's function was to separate the main living areas of the two
residences. The compromise maintained separation but eliminated cross-viewing,
Chair Kramer opened the public hearing.
Laurence Nokes, representative for the Hamilton's, stated the house could be built according to lot development
standards. The design was not harmonious with neighboring structures and did not protect use or enjoyment. He
did not believe any findings could be made for the requested variances. The height variance would completely -
change the way the Hamiltons used their home. The rear setback would involve an elevated pool deck, which
would impact privacy and enjoyment of the property. There was plenty of room to build a conforming structure if
it was sited differently on the lot. He requested the matter be denied and continued and the applicant be required
to put up stakes of actual construction.
Joseph Udvare shared his experience of the installation of the story poles. The poles should be reinstalled and
left for a longer period of time. He opposed a variance for Way Lane. The elevated pool would look into his master
bedroom and family room.
Kim Effinger, representative for the Mulvaneys, opposed the project as proposed. The size and scope was
massive compared to surrounding homes. The size,design,and certain features would impact privacy and views.
The elevated pool would create unnecessary noise and a potential nuisance for neighbors. The project should be
revised with the elevated pool either eliminated or relocated.
Helga Pralle expressed concerns about the integrity of the slope. According to a report from a geotechnical
engineer, the area was susceptible to earthquake-induced slides. The Dawsons refused to name her as an
additional insured on any insurance policy for construction, to indemnify her for damage or destruction as a result
of the slope potentially failing from construction, and to coordinate a pre-construction inspection of her home to
document the condition of the property. The Planning Commission should impose additional conditions of
approval. She opposed the requests for variances.
Warren James supported staffs recommendations.
Mike Mugel supported the project, but expressed concern that vendors would park in the setback and block Way
Lane.
Harold Parker clarified that he neither supported nor opposed the project. He simply would not object to the project.
Jerry Thompson was concerned about ingress and egress. A construction entrance from Ocean Boulevard was
not possible.
Chair Kramer closed the public hearing.
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Mr. Rodich advised that abandonment of the right-of-way was irrelevant to the request for variances. The larger
lot size allowed the applicant to build a larger house. There were no side encroachments. The applicant agreed
to pay for the story poles to accommodate the Hamiltons. The existing housing was as massive as the proposed
house. The project pulled massing and scale away from Way Lane. The applicants were not asking for anything
other neighbors had not received. Pools typically were permitted in the rear setback. Staff determined pool activity
was not uncommon or detrimental. Mechanical equipment would be placed in a vault, so there would be no noise
issue. The pool was designed as a buffer.
Chair Kramer did not feel the application was ready for a decision because several issues needed to be resolved.
Staff had not had sufficient time to review the last-minute changes. He had concerns about the setbacks, the
northwest corner, and bulk and scale. He suggested the Commission deny or continue the project.
Assistant City Attorney Torres, noted the upcoming deadline under the Permit Streamlining Act. The applicant
would need to waive the deadline in order for the Commission to continue the item.
In reply to Chair Kramer's inquiry, Mr. Rodich reported the applicants were amenable to a continuance.
Chair Kramer requested Commissioners provide direction to staff regarding concerns about the project. The
applicant should work more diligently with the neighbors regarding issues raised in the meeting.
Commissioner Hillgren commented that variances were required for the project. The expectation to develop a
certain FAR was not absolute but conditioned upon being able to achieve the other conditions. Those other
conditions included the height limit and setback. Various solutions could resolve the massing issue. One of the
biggest challenges to granting a variance was ensuring neighbors agreed with the project. The neighbors seemed
to be willing to listen and work through some of the challenges. He had no issue with the rear setback; however,
the pool encroachment was inappropriate. The fire pit tower could easily be moved 4 feet so as not to block the -
view. The applicant should work with the neighbor in order to resolve the issue regarding the northwest corner.
Commissioner Lawler concurred with staffs recommendations regarding the fire pit tower and the northwest
corner, given the amount of opposition expressed during the meeting.
In reply to Commissioner Dunlap's questions, Associate Planner Nova stated a variance for the pool was needed
because of the height of the structure. The current roof was noncompliant. The height of the existing home
exceeded the curb height.
Commissioner Dunlap agreed with pulling back the pavilion. The Hamiltons needed time to review the latest
proposal.
Vice Chair Koetting believed the applicant should utilize more of the site near Ocean Boulevard and suggested
the nook/sitting area be moved closer to the existing residence line. Story poles were important for the size and
location of the project. He opposed setbacks along Way Lane.
Commissioner Weigand reiterated that the Commission had not had time to review the applicant's proposed
concessions. He hoped everyone could work together toward a solution. He liked the glass barriers for the pool.
In response to Associate Planner Nova's question, Chair Kramer wanted to see a construction management plan
containing details of interaction with the City, the process, timing, sequencing, parking, and interrelation with
subcontractors. The area was very constricted with little to no parking.
Motion made by Chair Kramer and seconded by Vice Chair Koetting to continue Item Number 4 to a date
uncertain.
AYES: Kramer, Koetting, Dunlap, Hillgren, Lawler,Weigand
NOES: None
ABSTAIN: None
ABSENT: Zak
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Vill. CURRENT BUSINESS
ITEM NO. 5 WEST COAST HIGHWAY CAPACITY INFORMATION SESSION (PA2016-081)
Site Location: Mariners' Mile Area
Chair Kramer recused himself from the item because of a potential conflict of interest.
Deputy Director Wisneski advised that the Planning Commission did not have authority in reviewing the
configuration of Coast Highway. Staff thought it important to provide the Planning Commission with the status
of the highway and future plans.
Public Works Director Webb provided the history of and statistics for Coast Highway. The Orange County
Transportation Authority (OCTA) was the current administrator of the Master Plan of Arterial Highways
(MPAH). In order to receive Measure M funds, the City was required to keep current its Circulation Element
and be consistent with the County's MPAH. Development and implementation of zoning and land use was
directly related to the function of the arterial highway system. Throughout the City, Level of Service (LOS)
should be no less than"D." In 2011,average daily traffic passing through Mariners'Mile totaled 48,000 vehicles
from Newport Boulevard to Tustin Avenue and 44,000 vehicles from Tustin Avenue to Dover Drive, By 2030,
the total was projected to be 57,000 vehicles from Newport Boulevard to Tustin Avenue and 53,000 vehicles
from Tustin Avenue to Dover Drive. The City hired a consultant to review configurations for Mariners' Mile.
Based upon the consultant's report, LOS would drop to Levels E and F. The public wanted congestion relief,
bike lanes, and revitalization along Mariners' Mile. The minimum MPAH configuration could be 112 feet rather
than 128 feet. The Council directed staff to proceed with removing on-street parking, installing a Class II bike -
trail, a Land Use Study, and working with Caltrans on a modified arterial cross-section. Removal of on-street
parking was important. Improvements could be funded through OCTA funding and development takes. He
shared examples of six-lane arterial highways.
In reply to Vice Chair Koetting's questions, Public Works Director Webb advised that pull-in parking was
possible. With respect to timing, more right-of-way was needed before internal blocks could be widened. The
first step was removing parking.
In response to Commissioner Dunlap's inquiries, Public Works Director Webb indicated the highway would be
112 feet wide and six lanes. The 1963 General Plan provided for the Coast Highway to follow Cliff Drive.
Commissioner Hillgren believes the City needs to carefully evaluate the issues associated with the roadway
design in light of the current planning efforts and long term vision for Mariners' Mile because the proposed plan
to create a thoroughfare is not consistent with the establishment of a village type environment. In reply to
Commissioner Hillgren's questions, Public Works Director Webb defined conformance as having a six-lane
highway as stated in the General Plan. The City could lose at least $1.7 million a year for not conforming to
the MPAH. The segment through Corona del Mar was listed as a four-lane facility. The MPAH could be
changed if traffic was mitigated. Smart technology could be utilized to improve the flow of traffic through six
lanes. City Traffic Engineer Brine added that increased development in nearby cities led to increased traffic
on Coast Highway.
Commissioner Weigand shared his concerns for landscaping medians. In response to Commissioner
Weigand's inquiries, Public Works Director Webb advised that there would be dedicated bike lanes against the
curb. The City could purchase a right-of-way or utilize an OCTA grant.
Carol Anne Dru inquired about the time for beginning these projects. Public Works Director Webb advised that
the projects could begin in five years. Ms. Dru was concerned about the speed of traffic. Removing on-street
parking would adversely impact business customers.
Jerry Johnson, Balboa Bay Club Resort, stated the Club supported the project. The loss of employee parking
would be offset by less traffic congestion and lower speeds. In response to Vice Chair Koetting's question, he
did not know if the Bay Club had dedicated its right-of-way.
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NEWPORT BEACH PLANNING COMMISSION MINUTES 02/09/2017
In response to Jim Mosher's questions, Public Works Director Webb advised that the Corona del Mar segment
had always been listed as four lanes. The purpose of widening the highway was to increase capacity rather
than traffic speed. Lanes would likely be more narrow.
Luke Dru suggested the volume at Corona del Mar was lower because people avoided it, a right turn-lane at
Tustin would help move traffic, and work was needed on the bottleneck from Riverside to Newport Boulevard.
Tom Baker believed safety would decrease with more lanes.
Public Works Director Webb stated planning staff was developing unique solutions.
Assistant City Attorney Torres advised the Commission that the meeting had extended beyond 10:30, and no
new items could be introduced without a motion to continue the meeting.
There being no motion to continue the meeting, the meeting was adjourned.
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO, 6 MOTION FOR RECONSIDERATION
ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
1. Update on City Council Items
ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT
ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES
X. ADJOURNMENT— 10:47 p.m.
The agenda for the Planning Commission meeting was posted on Friday, February 3, 2017, at 3:28 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 3, 2017, at 3:13 p.m.
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Peter Zak, Secret ry
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