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HomeMy WebLinkAbout20210304_PC_MinutesPlanning Commission Minutes March 4, 2021 2 of 10 David Tanner requested staff publish the appendices with the draft Circulation Element so that the public can review the assumptions. Jim Mosher inquired about ways in which the draft Circulation Element addresses environmental justice. Deputy Community Development Director Campbell indicated the assumptions in which Mr. Tanner is interested will be a part of the Housing Element Update. Assumptions will be established by the draft Housing Element policy. The traffic analysis may identify improvements, but the traffic analysis will not be available for a few months. The assumptions and impacts will not be available for publication on March 12, 2021. Staff and consultants considered environmental justice when developing policies. VIII. PUBLIC HEARING ITEMS ITEM NO. 3 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 within Westcliff Plaza, as well as 2,312 square feet of new outdoor dining area. Recommended Action: Continue to the March 18, 2021 regular Planning Commission meeting. Chair Weigand opened the public hearing. Motion made by Commissioner Koetting and seconded by Secretary Kleiman to continue this item to March 18, 2021. AYES: Ellmore, Koetting, Rosene, Kleiman, Lowrey, and Weigand NOES: ABSTAIN: ABSENT: Klaustermeier ITEM NO. 4 SUPERIOR AVENUE PEDESTRIAN AND BICYCLE BRIDGE, PARKING LOT AND RECREATION AREA PROJECT APPEAL (PA2019-014) Site Location: Bridge to span Superior Avenue north of West Coast Highway Intersection – Parking lot and recreation area at northeast corner of intersection of West Coast Highway, Superior Avenue, Hoag Lower Campus and Sunset View Park Summary: An appeal of the Zoning Administrator’s decision on December 10, 2020, to approve a coastal development permit and mitigated negative declaration allowing the demolition of the existing surface parking lot and the construction of a new 130-space surface parking lot, with pedestrian/bicycle concrete bridge over Superior Avenue. The proposed bridge includes a staircase from the bridge down to the corner of Superior Avenue and West Coast Highway, and open space improvements to upper Sunset View Park. The project would include earthwork, grading, retaining walls, and landscaping improvements. The project includes retaining walls that exceed the 8-foot maximum height permitted by Newport Beach Municipal Code Title 21 (Local Coastal Program Implementation Plan). As such, the project includes a request for relief from this Newport Beach Municipal Code Title 21 development standard, pursuant to Section 21.52.030. Recommended Action: 1. Conduct a de novo public hearing; and 2. Adopt Resolution No. PC2021-005 affirming the decision of the Zoning Administrator and adopting Mitigated Negative Declaration Addendum No. ND2019-002 and approving Coastal Development Permit No. CD 2020-143. Associate Planner Chelsea Crager reported the site is developed with a 64-space parking lot, and a portion remains undeveloped. The California Coastal Commission (Coastal Commission) approved a coastal development permit Planning Commission Minutes March 4, 2021 3 of 10 (CDP) for Sunset Ridge Park. Because of the CDP, the Coastal Commission retains permit jurisdiction for the park. The bridge abutment that lands in Sunset Ridge Park is subject to the Coastal Commission's permit jurisdiction, and staff has submitted an application to the Coastal Commission for that aspect of the project. The Planning Commission's review of the application is limited to the parts of the project that are located within the City's jurisdiction. The project is a pedestrian and bicycle bridge that crosses Superior Avenue, a 130-space public parking lot replacing a 64-space lot, expanded passive open space at Sunset View Park, an addendum to the previously adopted Mitigated Negative Declaration (MND), and requests to allow retaining walls up to 25 feet in height and a bridge up to 32 feet in height. Senior Civil Engineer Andy Tran advised that the City acquired the parking lot parcel in 1992 and Sunset Ridge Park and undeveloped parcels in 2006. In March 2010, the Council adopted an Environmental Impact Report (EIR) for Sunset Ridge Park. In June 2013, the Coastal Commission approved a CDP for Sunset Ridge Park. Sunset Ridge Park was completed and opened to the public in December 2014. The City received federal grant funding in February 2018 for construction of the Superior Avenue bridge and parking lot project. In 2019, staff held five community meetings and received positive feedback. On November 19, 2019, the Council adopted a MND and conceptual design for the project. In response to community concerns, the Council directed staff to replace the dog park with passive recreation space. In May 2020, the City received an Orange County Transportation Authority (OCTA) grant for the West Coast Highway intersection widening project, and the Council approved engineering and environmental services agreements. The Council approved a revised conceptual design for an arch design bridge in August 2020. Associate Planner Crager indicated that on December 10, 2020, the Zoning Administrator approved a CDP and adopted the MND Addendum for the project. Title 20 provides development standards and use permit requirements, and the Council waived the requirements in its November 2019 hearing. The CDP for Title 21 is before the Planning Commission. An appeal of the Zoning Administrator's decision was filed on January 4, 2021 and states that the project does not conform to Local Coastal Program (LCP) standards or public access policies and that the environmental review was inadequate. Staff met with the appellant before and after he filed the appeal. The appeal was scheduled for the Planning Commission on February 18, 2021; however, staff requested a continuance in order to review a 46-page comment letter from the appellant. Staff has responded to 247 individual comments contained in the February 2021 letter and believes the comment letter does not identify any new issues. The bridge is located in the Shoreline Height Limitation Zone, which allows structures up to 35 feet in height with approval of a CDP. At its tallest point, the bridge's height is less than 35 feet. Title 21 development standards allow a maximum wall height of 8 feet, and the project proposes a retaining wall with a height of up to 25 feet. The retaining wall will be softened with landscaping and contains pockets for landscaping. Title 21 allows a retaining wall to exceed the maximum height with the appropriate findings. The impacts of the project on public access are overall a net positive. The project provides a net gain of 66 parking spaces, increased access to Sunset Ridge Park, no changes to vehicular access, no changes to crosswalks, additional and enhanced viewing opportunities. The MND included analysis of six viewpoints. Three viewpoints look from Superior Avenue toward the water, and three viewpoints look inland. The bridge was designed to be mindful of the views and does not obstruct views of the coast. The MND Addendum was prepared to address the change in the bridge design. Few details of the future West Coast Highway project are known at this time, and additional analysis would be speculative. Staff anticipates the future West Coash Highway project will include an EIR. Deputy Community Development Director Campbell clarified that the intent of the project is to expand access to Sunset Ridge Park. Currently, people park on the corner and cross the street to access the park. The bridge project before the Planning Commission is separate from the future West Coast Highway project. In response to Vice Chair Lowrey's question, Senior Civil Engineer Tran explained that the grant program reimburses the City up to 80 percent of costs for the bridge only. In reply to Secretary Kleiman's inquiries, Deputy Community Development Director Campbell related that he reviewed and discussed the project and the community's concern with Coastal Commission staff. Coastal Commission staff suggested a full and complete analysis of the project would be sufficient. Coastal Commission staff have not communicated to him that they would not support the project. However, Coastal Commission staff have not completed their analyses of the project. In answer to Commissioner Koetting's queries, Deputy Community Development Director Campbell stated staff believes the project will enhance view opportunities and access to Sunset Ridge Park. Planning Commission Minutes March 4, 2021 4 of 10 Commissioners Rosene, Kleiman, and Koetting disclosed conversations with the appellant. Chair Weigand disclosed conversations with the appellant and members of the public. Commissioner Ellmore and Vice Chair Lowrey disclosed no ex parte communications. In answer to Commissioner Rosene's inquiries, Senior Civil Engineer Tran advised that construction of the bridge and parking lot will have little impact on Sunset Ridge Park. Staff and the contractor can reserve some parking spaces for the public to visit Sunset Ridge Park during construction. In reply to Commissioner Koetting's questions, Senior Civil Engineer Tran indicated the barrier is 8 feet tall from the deck floor to the top of the rails. The project includes safety lighting to illuminate the walkway. Chair Weigand opened the public hearing. David Tanner, appellant, reported the project began in 2014 when the City described Phases 1 and 2 of the project. In 2018, the City received funding for Phase 1 and retained consultants to prepare conceptual designs. In 2020, the City received partial funding for Phase 2 (the West Coast Highway Bridge) and amended agreements with consultants to include Phase 2 engineering and environmental services, and the Council approved an amended design for the bridge. Staff's statements regarding insufficient details for Phase 2 are ridiculous. The agencies and the public were not informed of land use restrictions; government facilities are not allowed on either side of the bridge. The Special Tree is not mentioned in the CEQA document. There is no data to support the need for the project. People park at no cost in the neighborhoods and walk to the park without crossing Superior Avenue. Only views from the top of the park were analyzed. The project does not evaluate the impact of the bridge on transporting large boats. The project does not incorporate the bridge design approved by the Council on August 25, 2020. Staff claims the project is a government facility in order to get the height exception. Sharon Boles remarked that Sunset Ridge Park is underutilized because it has no parking. Surrounding neighborhoods have hired security guards to prevent people from parking in neighborhoods when they visit the park. Jim Mosher believed major, City-initiated projects of wide public interest should be presented directly to the Planning Commission for review. The idea that the Coastal Commission retains review of a portion of the project contradicts the Coastal Act. The City should review the entire bridge project as a package, and the project should be referred to the Coastal Commission only in the case of an appeal. The current bridge design will have more visual impact than an underpass. Jim Miller remarked that Sunset Ridge Park is important to surrounding neighborhoods as a place for children to play. The West Coast Highway and Superior intersection is dangerous. Dorothy Kraus urged the Commission not to approve the application. The project is not ready for review and is actually two projects. Chair Weigand closed the public hearing. In answer to Secretary Kleiman's queries, Deputy Community Development Director Campbell clarified that the bridge abutment is subject to Coastal Commission review because the Coastal Commission issued a prior CDP, and the City cannot amend a CDP issued by the Coastal Commission. Nothing in Mr. Tanner's testimony raised questions about the CEQA analysis or staff's analysis of the Local Coastal Program (LCP). A policy within the LCP limits all structures to 35 feet in height. The Implementation Plan allows governmental facilities to exceed the height limit when necessary. Governmental facilities are not defined in any respect and could be a park, fire station, City Hall, bridge, or anything. Senior Civil Engineer Tran related that in the 1990s, the City discussed constructing residential condominiums on the property. Prior to allowing the City to purchase the property, Caltrans included a scenic easement to prevent the City from constructing condominiums. Caltrans is now amenable to removing a portion of the scenic easement so that the City can construct the bridge abutment on Sunset Ridge Park. Associate Planner Crager indicated the project does not propose any changes to crosswalks. An existing crosswalk is located beneath the proposed bridge. The new parking spaces would be paid parking. In reply to Commissioner Koetting's inquiries, Deputy Community Development Director Campbell stated page 16 of the presentation is a view simulation of the retaining wall and stairway as viewed from Coast Highway. The wall would require a deviation from the 8-foot wall standard. The walls shown on page 17 are located at the back of the project Planning Commission Minutes March 4, 2021 5 of 10 site. The three walls exceed the height limit, but staff has stepped and landscaped them. There are no plans to construct access from the park to Hoag Hospital, and access is not part of the design. In response to Chair Weigand's questions, Senior Civil Engineer Tran advised that the Parks, Beaches and Recreation Commission would review plans to relocate the Special Tree. Staff plans to replace the Special Tree should it not survive the relocation. Upon completion of the Superior Avenue bridge project, persons with mobility issues would access the parking lot via the sidewalk along Superior Avenue. The Council unanimously approved the conceptual design in November 2019. Deputy Community Development Director Campbell noted the likelihood of the Planning Commission's decision being appealed to the Coastal Commission. Motion made by Commissioner Koetting and seconded by Vice Chair Lowery to approve the staff recommendation with amendments to revise the resolution language regarding the California Coastal Commission's jurisdiction and to remove "find" on handwritten page 31. AYES: Ellmore, Koetting, Rosene, Kleiman, Lowrey NOES: ABSTAIN: Weigand ABSENT: Klaustermeier In reply to Commissioner Koetting's query, Chair Weigand shared his belief that the Planning Commission should not discuss a project that has been presented to the Council multiple times. He was not comfortable with the project to widen Pacific Coast Highway and the lack of detail for a bridge in Phase 2. ITEM NO. 5 FRIENDS OF NEWPORT BEACH ANIMAL SHELTER (PA2020-349) Site Location: 20282 Riverside Drive Summary: A conditional use permit to demolish an existing residential kennel and construct a new public animal shelter for cats and dogs. Project implementation would result in a 1,565-square-foot, single-story shelter and a 755- square-foot kennel housing up to 29 dogs. The project would be open to the public, receive and hold stray animals, facilitate adoptions, and run as a designated “no-kill” shelter. If approved, the applicant proposes to donate the project to the Newport Beach Police Department to be operated by Animal Control as the City’s permanent animal shelter. Recommended Action: • Conduct a public hearing; • Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations (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) and that the exceptions to the Class 3 exemption do not apply; and • Adopt Resolution No. PC2021-006 finding the proposed animal shelter consistent with the purpose and intent of the RK (Residential Kennel) zoning district of the Santa Ana Heights Specific Area Plan (SP-7) and approving Conditional Use Permit No. UP2020-193. Assistant Planner Patrick Achis reported landmarks near the property site include Santa Ana Country Club, Newport Beach Golf Course, and the SR-73 freeway. The property is located within the Residential Kennel (RK) District of the Santa Ana Heights Specific Plan (SP-7). The 18 sites within the RK District are permitted to have a single-family residence and a commercial kennel business under an approved conditional use permit. Currently, the Animal Shelter is temporarily operating at the site two doors east of the proposed location. The applicant proposes to demolish the existing on-site residential kennel to construct a new public animal shelter for cats and dogs. Friends of Newport Beach Animal Shelter (FONBAS) has raised more than $2.5 million to cover all costs associated with land acquisition and construction. Following construction, FONBAS plans to donate the Animal Shelter to the Newport Beach Police Department, Animal Control Division. The project will not provide a single-family residence, but it will have the appearance of a home, operational characteristics commensurate with other residential kennels, fewer dogs than other residential kennels, sound attenuation, and compliant onsite parking. The structure will also comply with setback and height requirements. Staff has received public comment supporting the project and expressing concern about its residential character.