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HomeMy WebLinkAbout03-18-2021 - Planning Commission1 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, MARCH 18, 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 Koetting 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, Senior Planner Ben Zdeba, Assistant Planner Patrick Achis, Administrative Support Specialist Clarivel Rodriguez IV. PUBLIC COMMENTS Jim Mosher suggested the Planning Commission revise its Rules of Procedure regarding resolutions, public hearings, and ex parte disclosures. V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF MARCH 4, 2021 Recommended Action: Approve and file Chair Weigand noted Mr. Mosher's proposed edits to the minutes. Motion made by Secretary Kleiman and seconded by Commissioner Rosene to approve the minutes of the March 4, 2021, meeting with Mr. Mosher's edits. AYES: Ellmore, Koetting, Rosene, Kleiman, Lowrey, Weigand NOES: ABSTAIN: Klaustermeier ABSENT: VII. PUBLIC HEARING ITEMS ITEM NO. 2 COLLINS RESIDENCE APPEAL AND AMENDMENT (PA2020-215) Site Location: 413 and 413½ Edgewater Place Summary: An amendment to a coastal development permit previously approved by the Zoning Administrator on October 15, 2020, allowing the demolition of a duplex and the construction of a new single-family residence. The project was appealed by the California Coastal Commission (CCC) on October 29, 2020, due to density concerns from the net loss of one Planning Commission Minutes March 18, 2021 2 of 7 unit (duplex to a single family). The applicant requests to amend the project and now proposes a three-story, 29-foot-tall, 2,234-square-foot single-family residence with a 421-square-foot JADU located above the attached 424-square-foot, 2-car garage. The revised project would no longer result in a loss of density. If the revised Project is approved by the Planning Commission, CCC will have the ability to withdraw its appeal of the project, consistent with Section 21.64.035 (Appeal to the Coastal Commission) of the Newport Beach Municipal Code (NBMC). 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, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2021-008 approving Coastal Development Permit No. CD2020-130 and Zoning Clearance No. ZC2021-009. Assistant Planner Patrick Achis reported the property is located on Edgewater Place between Cypress and Adams Streets, and a public walkway and City-owned bulkhead separate the property from the Bay. The original project approved by the Zoning Administrator on October 15, 2020, consisted of the demolition of an existing duplex and the construction of a single-family residence. During the project’s appeal period, two California Coastal Commissioners appealed the Zoning Administrator's decision based on the loss of density. The applicant has redesigned the project to demolish the existing duplex and construct a single-family residence with a JADU to maintain density. No parking is required for a JADU. The property is located between the first public road and the sea; therefore, a coastal development permit (CDP) is required to ensure the project conforms to land use, development, public access, and resource protections contained in the Local Coastal Program (LCP). The project would enhance existing views with architectural treatments, fit within the development envelope, and not contain any unique or special features that could degrade the visual quality of the coastal zone. The nearest public viewpoint is located at Peninsula Park and is not oriented toward the property. Lateral access would be maintained on the public walkway, and vertical access is provided at either street end. Conditions of Approval 1, 5, 6, and 33 require substantial conformance, a deed restriction for the JADU, and the development to remain within private property and not to impact access to the right-of-way. In response to Commissioner Koetting's question, Assistant Planner Achis indicated the State building code requires a JADU to qualify as an efficiency unit at the minimum, which typically yields a maximum of 500 square feet. Community Development Director Seimone Jurjis added that an efficiency unit contains a minimum of 150 square feet and a maximum of 500 square feet. In answer to Secretary Kleiman's inquiries, Deputy Community Development Director Jim Campbell advised that a decision regarding the subject property may be appealed to the Coastal Commission. Generally, a property's proximity to water, coastal bluffs, and wetlands determines whether a decision may be appealed to the Coastal Commission. There are properties located within the coastal zone for which a decision may not be appealed to the Coastal Commission. SB 330 prohibits a development from reducing density. The Coastal Commission reviews every notice of final action submitted to it and appeals decisions from time to time if there is a concern related to compliance with the Local Coastal Program. Staff believes demolishing a duplex and constructing a single-family residence is consistent with SB 330, but Coastal Commission staff and their legal counsel disagree. SB 330 does not apply to the Coastal Commission, but the Coastal Commission applies the Coastal Act and finds that eliminating units is a diminishment of access to the coast. The applicant chose to redesign the project to resolve the appeal. All Commissioners disclosed no ex parte communications. Planning Commission Minutes March 18, 2021 3 of 7 Chair Weigand opened the public hearing. Jim Mosher commented that the Coastal Commission wants to confine housing to the areas where it has been approved and to maximize the use of those areas. Based on his observations of Coastal Commission hearings, he believed one of the appealing Commissioners would not find that the redesigned project adequately preserves density. The LCP indicates the density for the property should be 30-40 dwelling units per acre. A single-family home on the subject property produces a density of 13.6 units per acre. Staff states the range should be a maximum, in which case he questioned the LCP providing a range rather than a single number. A single-family home may be allowed in the RT-E area only when the size of the lot produces the correct density. Deputy Director Campbell reiterated that the project is consistent with the LCP. The Coastal Commission certified the City's Implementation Plan, which allows a single-family residence or a duplex on properties designated two-unit residential (RT). The maximum density allowed is a duplex regardless of the numeric density range. The density range for the property is indicative of the neighborhood, which is fairly dense because the lots are small. Coastal Commission staff directed the applicant to this process as the correct method to modify the project and they are satisfied that the redesigned project appropriately addresses the appeal. If the Planning Commission approves the project, staff will send a notice of final action to the Coastal Commission. Any interested party may appeal the decision for the redesigned project. In reply to Chair Weigand's query, the applicant agreed to the proposed conditions of approval; however, his response was not audible on the audio recording of the meeting. Chair Weigand closed the public hearing. In answer to Commissioner Koetting's inquiries, Deputy Director Campbell indicated the project is similar to a project the Commission considered a few weeks previously. The main difference is the current project is half the size of the previous project. He also noted that the sandy beach from the seawall to approximately the mean high-tide line is privately owned. Motion made by Commissioner Koetting and seconded by Commissioner Ellmore to approve the staff recommendation. AYES: Ellmore, Klaustermeier, Koetting, Rosene, Kleiman, Lowrey, Weigand NOES: ABSTAIN: ABSENT: Chair Weigand noted the 14-day appeal period. ITEM NO. 3 WESTCLIFF PLAZA PARKING WAIVER (PA2019-266) Site Location: 1000 - 1150 Irvine Avenue Summary: The applicant has withdrawn the application. Recommended Action: Receive and file Deputy Community Development Director Campbell reported Irvine Company has withdrawn the application. VIII. STUDY SESSION ITEM NO. 4 CIRCULATION ELEMENT UPDATE Site Location: Citywide Planning Commission Minutes March 18, 2021 4 of 7 Summary: A Study Session presentation and discussion of the Initial Draft of the General Plan Circulation Element Update. Recommended Action: Review and provide input and direction to staff. City Traffic Engineer Tony Brine reviewed the Planning Commission's involvement in the Circulation Element Update and the four previous virtual public workshops. The Circulation Element has been revised to update the narrative, update 30 of the 92 existing Policies to address changed conditions or vision, and add 22 new Policies. Key Policies that have not been changed include the Comprehensive/Integrated Transportation System; support for public transit services; consistency with the Orange County Transportation Authority (OCTA) Master Plan; the Pedestrian, Bicycle, Equestrian Trail System; Traffic Signal Operations and Coordination; Adequate/Convenient Parking – New Development; and support increased outside funding. Policies that have been updated include support additional regional transit in higher-density areas; improve connectivity to places of interest; minimize conflict with new modes of transit; promote and encourage telecommuting programs; require bicycle amenities in new development; review parking requirements in the Newport Beach Municipal Code (NBMC); and Santa Ana River mobility alternatives. Traffic Engineer Brine further indicated that the Complete Streets Act of 2008 and SB 743 must be incorporated into the Circulation Element Update. The Circulation Element Update will also continue to be consistent with Connect SoCal, the Southern California Association of Governments (SCAG) long-range plan. New Policies include climate change and emerging technology; Complete Streets Master Plan; study of a pilot shuttle system connecting villages within the City; Safe System Approach for implementing safety projects; construction management plans for new development; monitor land development projects in adjacent jurisdictions; incorporate the current Bicycle Master Plan and program active transportation projects; require bicycle facilities with new development and encourage inclusion in existing development; monitor rideshare use and design for curbside improvements; monitor autonomous vehicles and plan infrastructure; communicate with app developers to reduce the routing of traffic through neighborhoods; parking app technology that identifies available spaces; follow Vehicle Miles Traveled (VMT) methodology; strategize the incorporation of curbside right-of-way for rideshare drop-off or valet and delivery zones; install more electric vehicle (EV) charging stations on City property; require stations to be installed with new development; and evaluate consolidation of underutilized parcels to create areawide parking hubs. Traffic Engineer Brine went on to indicate the next Circulation Element virtual workshop is scheduled for April 5, 2021. The deadline to provide comments on the draft Circulation Element Update is April 30, 2021. Staff anticipates the Council will review the draft in May with a revised draft ready for review in late spring or early summer. Staff has also updated the traffic model to prepare future traffic projections and traffic studies. In reply to Secretary Kleiman's queries, Traffic Engineer Brine advised that the Circulation Element may be updated in conjunction with the Housing Element and General Plan Updates. With rapid changes in technology, the Circulation Element may be updated in ten years or less. A traffic study will determine the impacts, if any, to the roadway system and individual intersections caused by additional housing units required under the Regional Housing Needs Assessment (RHNA). Impacts will be incorporated into the Circulation Element Update. These Policies will guide staff's decisions regarding individual projects and day-to-day issues. Regional development will increase traffic congestion on regional roadways such as Coast Highway, Jamboree, and MacArthur. The congestion can be addressed through Policies for traffic signal timing, coordination, and synchronization. Tony Petros, LSA Associates, explained that policies and goals contained in the 2006 General Plan are statements of intent that resulted in seven rounds of traffic signal improvements, a series of intersection improvements, a shuttle system on the Peninsula, and the Bicycle Master Plan. The Circulation Element Update provides the Council, Planning Commission, and staff the tools to plan for the future and develop projects. Planning Commission Minutes March 18, 2021 5 of 7 In answer to Commissioner Klaustermeier's questions, Traffic Engineer Brine related that the goal of Complete Streets is to provide facilities for all street users. Identifying improvements for all streets within the City is part of the Complete Streets Master Plan. Converting two-way traffic to one-way in Corona del Mar would be a specific project rather than a policy or goal contained in the Circulation Element Update. The process for developing a plan and conducting outreach will be lengthy. Mr. Tony Petros from LSA, the City’s consultant that assisted in the preparation of the update, clarified that not all Complete Streets facilities are appropriate for all streets. In response to Chair Weigand's inquiry, Mr. Petros reiterated that direct policies enable staff to administer projects within a standard operating procedure. In reply to Commissioner Koetting's query, Traffic Engineer Brine indicated the City does not have a policy to affect vehicle speeds. The overall goal of traffic policies is to increase efficiency and safety. Removal of on-street parking in Corona del Mar has been discussed, but the controlling factor is the impacts it will have on businesses. A proposal to charge for on-street parking has not gotten any traction either. A traffic analysis will look at the number and location of housing units to determine their impacts on traffic and the need for improvements. The State has not offered any funds to support the City taking control of additional segments of Coast Highway. The City would have control as well as liability for any additional segments. In answer to Secretary Kleiman's question, Traffic Engineer Brine stated general policies address parking within Newport Beach, and a number of parking studies have been conducted in different areas of the City. With the Circulation Element Update, staff could be working on other types of parking management programs in areas of the City where there is high parking demand. In response to Commissioner Rosene's inquiries, Mr. Petros noted that the City's plans have to be consistent with the OCTA Master Plan for the City to be eligible for millions of dollars in annual funding. If traffic is pinched on Coast Highway through Mariners' Mile, it will shift to the Heights. The question is which of the two areas will suffer from traffic congestion. Vice Chair Lowrey noted Newport Beach traffic is not congested compared to traffic in other cities. The Circulation Element Update is moving in the right direction to solve potential problems. He suggested Section 6.2 regarding EV charging stations state "incentivizing" rather than "requiring." In reply to Chair Weigand's queries, Mr. Petros did not believe the Transportation Corridor Agency (TCA) would agree to eliminate the two toll exits from SR 73. Assistant City Attorney Yolanda Summerhill reported reducing or eliminating the toll fee for Newport Beach residents would require an amendment to the bond covenants. Mr. Petros indicated a policy could encourage TCA to look at a mitigation strategy around the San Joaquin Hills Corridor to benefit Newport Beach residents. Traffic Engineer Brine related that City staff has regular communications and quarterly meetings with the Newport-Mesa Unified School District staff. Typically, two Board of Education Members, City Manager Leung, Public Works Director Webb, and himself meet. Traffic Engineer Brine went on to note that the policies to relocate the Avon Street parking lot and to promote water taxis could be reviewed for updates. The Peninsula trolley has good ridership, and staff has discussed with OCTA a pilot program for smaller vehicles providing transportation among the villages. Currently, there is not a policy to close streets to vehicle traffic in order to provide gathering or dining spaces, but some locations could be appropriate for that. The policy regarding the Santa Ana River is meant to increase mobility along the river rather than across the river. Traffic analyses will include VMT and Level of Service (LOS). Curbside management plans will explore loading or delivery areas on the curb next to businesses. Mr. Petros added that market forces could determine an appropriate water transportation system in the Harbor. Santa Ana River levees could be multiuse facilities. Planning Commission Minutes March 18, 2021 6 of 7 Chair Weigand suggested policies of work with the Legislature to implement safety measures for e-bicyclists, identify locations for crosswalks with lighting at ground level, and provide fuel stations for vehicles powered by substances other than electricity and gasoline. In answer to Commissioner Rosene's inquiry, Traffic Engineer Brine explained that the Housing Element Update will identify locations and densities for new housing units. Traffic studies based on the locations and densities will be presented to the Planning Commission for review and become part of the Housing Element Update Environmental Impact Report (EIR). The Circulation Element Update will address impacts identified in the traffic studies. Jim Mosher noted the draft Circulation Element Update refers to but does not contain illustrations, figures, and tables. New policies do not refer to any implementation plans. He inquired about a State review of the Circulation Element Update to determine its adequacy. David Tanner proposed a policy to explore alternate ways to develop within the right-of-way of Pacific Coast Highway through Mariners' Mile. The City needs to look at VMT and reducing VMT. IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION None ITEM NO. 6 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 a virtual Housing Element Workshop is planned for March 22, 2021, and a virtual Circulation Element Workshop for April 5, 2021. The agenda for the Planning Commission's April 8, 2021, meeting includes a minor code amendment and a study session on the draft Housing Element. The Council approved the proposed amendments to allow wine tasting rooms in the industrial zone and to eliminate the nonconforming sign amortization program. The Council also directed staff to review commercial parking requirements, parking for restaurants, and expanded use of parking management districts. As a result, staff will retain a transportation and parking consultant. Finally, the Council adopted Council Policy K-4 entitled "Reducing Barriers to the Creation of Housing." In reply to Secretary Kleiman's query, Deputy Community Development Director Campbell indicated two Council Members opposed the amendment for the wine tasting room. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES None X. ADJOURNMENT – 8:26 p.m. Planning Commission Minutes March 18, 2021 The agenda for the March 18, 2021, Planning Commission meeting was posted on Friday, March 12, 2021, at 4:45 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, March 12, 2021, at 4:42 p.m. Lauren Kleiman, Secretary 7 of 7