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HomeMy WebLinkAbout1.0_Draft Minutes_01-21-2021 1 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES ZOOM THURSDAY, JANUARY 21, 2021 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 Ellmore III. ROLL CALL PRESENT: Chair Erik Weigand, Vice Chair Lee Lowrey, Secretary Lauren Kleiman, Commissioner Curtis Ellmore, Commissioner Sarah Klaustermeier, Commissioner Peter Koetting, Commissioner Mark Rosene ABSENT: None Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Tony Brine, Principal Planner Jaime Murillo, Principal Planner Matt Schneider, Associate Planner David Lee, Assistant Planner Patrick Achis, Administrative Support Specialist Clarivel Rodriguez IV. PUBLIC COMMENTS Jim Mosher inquired about staff recording the meeting. Administrative Support Specialist Clarivel Rodriguez confirmed that the meeting is being recorded. V. REQUEST FOR CONTINUANCES Deputy Community Development Director Campbell reported that the applicant has requested a continuance of Item Number 3, 2510 West Coast Highway mixed-use project, to February 4, 2021. Assistant City Attorney Yolanda Summerhill advised the Planning Commission to continue Item Number 4, Westcliff Plaza parking waiver, due to Chair Weigand's potential conflict of interest. VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF DECEMBER 3, 2020 Recommended Action: Approve and file Chair Weigand noted Mr. Mosher's proposed revisions to the minutes. Motion made by Commissioner Kleiman and seconded by Commissioner Ellmore to approve the minutes of the December 3, 2020 meeting with Mr. Mosher's revisions. AYES: Ellmore, Klaustermeier, Koetting, Rosene, Kleiman, Lowrey, Weigand NOES: None ABSTAIN: None ABSENT: None VII. DISCUSSION ITEMS ITEM NO. 2 CIRCULATION ELEMENT UPDATE STATUS REPORT Summary: A brief status report on the update of the General Plan Circulation Element Recommendation: Receive and file Planning Commission Minutes January 21, 2021 2 of 6 Deputy Community Development Director Campbell reported three public workshops were held in November and December 2020, and a workshop for visioning is planned for February 10, 2021, 6-8 p.m., on Zoom. The City Traffic Engineer and the consultant are preparing a draft Circulation Element based on public feedback. The draft Circulation Element will be presented to the Planning Commission for further input later in the spring. In reply to Chair Weigand's questions, Deputy Community Development Director Campbell advised that 35-40 people attended the workshops and provided some good feedback. Chair Weigand noted Commissioner Rosene attended one of the workshops and encouraged all Commissioners to attend the February 10 workshop. In response to Commissioner Koetting's query, Deputy Community Development Director Campbell explained that staff processes planning applications consistent with the existing General Plan and regulations and will not delay pending applications because the General Plan is being reviewed and updated. Dorothy Kraus asked if the City's Public Information Manager would post the workshop flyer to Nextdoor and suggested staff send a reminder alert. Deputy Community Development Director Campbell indicated Mr. Pope may not post the flyer but typically posts a description of the meeting and a link to information. David Tanner suggested the Circulation Element Update include traffic calming measures and the use of analytical tools for public health and safety. Charles Klobe commented that developers are rushing to submit applications prior to completion of the Circulation Element Update because potential changes could affect their projects. VIII. PUBLIC HEARING ITEM ITEM NO. 3 2510 WEST COAST HIGHWAY MIXED-USE PROJECT (PA2019-249) Site Location: 2510 & 2530 West Coast Highway Summary: The proposed project will replace an existing marine sales facility with a mixed-use development consisting of 35 residential dwelling units, and an 11,266-square-foot boutique auto showroom. The residential component will consist of 10 studio units, 16 one-bedroom units and 9 two-bedroom units. Three of the units will be set aside for workforce housing and made affordable to low income households. The commercial component of the project will consist of an 8,741-square-foot auto showroom, with a 1,484-square-foot mezzanine and a 750-square-foot office space. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In-fill Development Projects) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2021-001 approving Coastal Development Permit No.CD2019-062, Conditional Use Permit No. UP2019-054, Site Development Review No. SD2019-003, and County Tentative Parcel Map No NP2020-013. Commissioner Klaustermeier noted the Commission has received a number of emails containing comments and questions from the public. She hoped the applicant provides public education and engagement prior to the next hearing date. Commissioner Koetting concurred with Commissioner Klaustermeier and proposed continuing the hearing to a date uncertain so that the applicant could conduct public outreach. Chair Weigand opened the public hearing. Planning Commission Minutes January 21, 2021 3 of 6 Nancy Scarbrough appreciated and shared Commissioners Klaustermeier's and Koetting's concerns. Charles Klobe agreed with continuing the hearing to a date uncertain and the applicant conducting public outreach. Dorothy Kraus hoped members of the community could ask questions of staff in order to understand the staff report. Sean Matsler, applicant's counsel, reported the applicant is happy to honor neighbors' requests for a continuance and noted no neighbors have contacted him or the applicant. The applicant has complied with all notice requirements. The applicant believes a two-week continuance is sufficient. He inquired about the event needed to trigger a public hearing if the Planning Commission continued the item to a date uncertain. Deputy Community Development Director Campbell related that staff will provide information to the community and work with the applicant regarding community outreach. Staff can determine an appropriate time to schedule a hearing. In answer to Chair Weigand's inquiries reading the Housing Accountability Act, Assistant City Attorney Summerhill advised that State law limits the number of hearings on an application to five, including continuances and appeals. If the applicant is amenable, the City is willing to enter into an agreement regarding additional hearings. Deputy Community Development Director Campbell indicated the applicant conducting public outreach and potentially submitting revised plans and staff reviewing any revised plans all within a two-week period will be very challenging. Staff would need to understand and evaluate any revision before scheduling a public hearing date to avoid a subsequent continuance. David Tanner agreed that a continuance is needed and that the application should not be unduly delayed. Public comments have requested additional view analyses, which will take time to prepare. Commissioner Koetting preferred the applicant install story poles to help the community visualize the project's impacts. Staff is the appropriate body to determine the next hearing date. He requested staff list the owners of the limited liability corporation so that Commissioners may determine if they have conflicts of interest. In answer to Chair Weigand's question, Deputy Community Development Director Campbell advised that staff typically does not request the installation of story poles but relies upon visual simulations. Applicants may install story poles if they wish. Norman Beres concurred with the installation of story poles. The views are important to residents. In response to Chair Weigand's query, Deputy Community Development Director Campbell explained that the Planning Commission does not consider views from private residences in its deliberations, only public view points. The General Plan, the Zoning Code, and the Local Coastal Program stress the protection of public views. The Planning Commission may ask but not compel the applicant to install story poles. Sandra Ayers believed residents correctly provided comments to their representatives, the Planning Commission. The applicant is responsible for presenting its project to citizens. This project's impact on the view from Cliff Drive Park will be important. Motion made by Commissioner Ellmore and seconded by Commissioner Koetting to continue this item to February 18, 2021. AYES: Ellmore, Klaustermeier, Koetting, Rosene, Kleiman, Lowrey, Weigand NOES: None ABSTAIN: None ABSENT: None Planning Commission Minutes January 21, 2021 4 of 6 ITEM NO. 4 WESTCLIFF PLAZA PARKING WAIVER (PA2019-266) Site Location: 1000-1150 Irvine Avenue Summary: A conditional use permit for the reduction of 139 on-site parking spaces to accommodate the future construction of 9,641 square feet of new commercial pad for future eating and drinking establishments with up to 2,312 square feet of new outdoor dining area within the Westcliff Plaza shopping center located at the northeast corner of the intersection of Westcliff Drive and Irvine Avenue. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2021-002 approving Conditional Use Permit No. UP2019-059. Assistant City Attorney Summerhill reported a Commissioner who has an ownership interest in real property located within 500 feet of a subject site is presumed to have a conflict of interest. If the Commissioner's real property is located between 500 and 1,000 feet of the subject site, a balancing test is applied to determine if there is a conflict of interest. Chair Weigand owns real property located between 500 and 1,000 feet of the subject property. Staff will request a letter from the Fair Political Practices Commission (FPPC) confirming there is no conflict of interest. She recommended the Planning Commission continue the hearing to a date beyond February 18, 2021, as the FPPC requests 21 business days to respond to requests. Chair Weigand noted the pandemic is also delaying governmental work. Shawna Schaffner, applicant's representative, agreed to a continuance and requested a date certain of March 4, 2021. If additional time is needed, a subsequent continuance is acceptable. Motion made by Commissioner Ellmore and seconded by Commissioner Koetting to continue this item to March 4, 2021. AYES: Ellmore, Klaustermeier, Koetting, Rosene, Kleiman, Lowrey NOES: None ABSTAIN: Weigand ABSENT: None ITEM NO. 5 DeCARO RESIDENCE (PA2020-072) Site Location: 5406 and 5408 Neptune Avenue Summary: A variance and coastal development permit to allow a 1,732-square-foot addition to an existing 1,989-square-foot duplex and a reduction of the required rear yard setback and third floor stepback. The variance request would allow two deviations: (1) encroachment of 5 feet into the required 10-foot rear setback along River Avenue; and, (2) encroachment of 5 feet into the required 15-foot third-floor stepback along River Avenue. Implementation of the project would result in a 29-foot-tall, three-story, 3,153-square-foot duplex with an attached 584-square-foot three-car garage and one tandem carport. With the exception of the requested rear setback and stepback deviations, the project would comply with all other development standards such as floor area, height limits, and setbacks. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Article 19, of Chapter 3 (Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and Planning Commission Minutes January 21, 2021 5 of 6 3. Adopt Resolution No. PC2021-003 approving Variance No. VA2020-002 and Coastal Development Permit No. CD2020-021. Assistant Planner Patrick Achis reported the project is located on Neptune Avenue in the West Newport community and zoned for two-unit residential uses (R-2). Surrounding properties are all residential with pockets of single-family, duplex, and multifamily residences with a 24-unit condominium complex located immediately adjacent. The site is developed with an approximately 2,000-square-foot, two-story duplex with a one-story, covered carport. The project proposes to demolish the existing carport to construct a three-story addition. Assistant Planner Achis further reported the applicant requests variances to allow the structure to encroach 5 feet into the rear setback and 5 feet into the third-floor stepback. The third-floor stepback is measured from the rear yard line and intended to push an enclosed, third-floor area toward the center of the property, reduce a bulky appearance, and promote articulation. The covered patio stairwell and unfinished attic are not part of the stepback encroachment because the stepback applies to enclosed third-floor area that is habitable. The Council recently adopted Code amendments that subject covered decks on the third floor to the stepback requirement; however, the application was deemed complete prior to the effective date of the Code amendment. Assistant Planner Achis noted that a variance may be granted if a special circumstance prevents development of the property consistent with other properties. The subject property and two neighboring properties are subject to a 20- foot setback while other properties in the area are developed with 0-, 5-, and 10-foot setbacks. The two neighboring properties have existing nonconforming setbacks of 5 and 8.5 feet. The structure will appear further from the street due to the extra width of the right-of-way, and the curvature of River Avenue will help mask the structure's presence. The existing adjacent condominium complex is a few feet taller than the proposed structure, and the structure on the other side of the subject site was constructed to the maximum allowed height of 29 feet. The project meets the findings for a coastal variance, will not degrade the visual quality of the coastal zone, and will improve parking. Staff recommends approval of the application. In response to Commissioner Koetting's inquiry, Deputy Community Development Director Campbell advised that the Planning Commission reviewed project on Seashore Drive that requested a waiver of Council Policy L-6. All Commissioners disclosed no ex parte communications. Chair Weigand opened the public hearing. Mrs. DeCaro indicated her husband and she incorporated staff's recommendations into the project. This home will be their retirement home. She accepted the proposed conditions of approval. Chair Weigand closed the public hearing. Commissioner Koetting indicated the project is well conceived, feels smaller than neighboring structures, and creates an additional parking space. Commissioner Klaustermeier appreciated revisions to reduce the bulk and mass of the structure. Motion made by Commissioner Koetting and seconded by Commissioner Klaustermeier to find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Article 19, of Chapter 3 under Class 3 of the CEQA Guidelines; and adopt Resolution No. PC2021-003 approving Variance No. VA2020-002 and Coastal Development Permit No. CD2020-021. AYES: Ellmore, Klaustermeier, Koetting, Rosene, Kleiman, Lowrey, Weigand NOES: None ABSTAIN: None ABSENT: None Planning Commission Minutes January 21, 2021 6 of 6 IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION None ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. Deputy Community Development Director Campbell reported the Council will consider the Shell carwash project and the Residences at 4400 Von Karman on January 26, 2021. The Planning Commission's February 4, 2021, meeting will be canceled. The February 18, 2021, agenda includes applications regarding a telecom modification, pedestrian bridge, Benihana expansion, and animal shelter as well as the mixed-use project on West Coast Highway. The applicant for the restaurant project at 5000 Birch has modified the proposal in line with Commissioner Koetting's suggestion. In reply to Chair Weigand's query, Deputy Community Development Director Campbell advised that the pedestrian/bicycle bridge accesses Sunset Ridge Park from the parking lot on Superior. An appeal of the Zoning Administrator's approval of a coastal development permit has been filed. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES None X. ADJOURNMENT – 7:47 p.m. The agenda for the January 21, 2021, Planning Commission meeting was posted on Friday, January 15, 2021, at 4:26 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, January 15, 2021, at 4:29 p.m. _______________________________ Erik Weigand, Chairman _______________________________ Lauren Kleiman, Secretary February 18, 2021, Planning Commission Item 1 Comments These comments on a Newport Beach Planning Commission agenda item are submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 1. MINUTES OF JANUARY 21, 2021 The passages in italics are from the draft minutes. Corrections are suggested in strikeout underline format. Page 1, Item V, paragraph 1: “Deputy Community Development Director Campbell reported that the applicant has requested a continuance of Item Number No. 3, 2510 West Coast Highway mixed-use project, to February 4, 2021.” Page 1, Item V, paragraph 2: “Assistant City Attorney Yolanda Summerhill advised the Planning Commission to continue Item Number No. 4, Westcliff Plaza parking waiver, due to Chair Weigand's potential conflict of interest.” Page 4, Item No. 4, full paragraph 1, sentences 2 and 3: “If the Commissioner's real property is located within between 500 and 1,000 feet of the subject site, a balancing test is applied to determine if there is a conflict of interest. Chair Weigand owns real property located within between 500 and 1,000 feet of the subject property.” [alternatively: “located within between 500 and to 1,000 feet of” or “located between 500 and 1,000 feet of from”] Page 5, Item V, full paragraph 4: “In response to Commissioner Koetting's inquiry, Deputy Community Development Director Campbell advised that the Planning Commission reviewed a project on Seashore Drive that requested a waiver of Council Policy L-6.” Planning Commission - February 18, 2021 Item No. 1a Additional Materials Received Minutes of January 21, 2021