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Home My WebLink About07/22/2010CITY OF NEWPORT BEACH Planning Commission Minutes July 22, 2010 Regular Meeting — 6:30 p.m. ROLL CALL Commissioners Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, Hillgren - present STAFF PRESENT: David Lepo, Planning Director Patrick Alford, Planning Manager Leonie Mulvihill, Assistant City Attorney Tony Brine, City Traffic Engineer Rosalinh Ung, Associate Planner Russell Bunim, Assistant Planner Makana Nova, Assistant Planner Ga lene Olson, Department Assistant POSTING OF THE AGENDA: The Planning Commission Agenda was posted on July 16, 2010. ELECTION OF OFFICERS: Following discussion, a slate of officers was nominated by Chairman Hawkins and voted upon by the Commission. Earl McDaniel, Chairman Charles Unsworth, Vice Chairman Michael Toerge, Secretary Motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge and Hillgren Noes: None Following the vote, Commissioner McDaniel assumed the position of Chairman. Chairman McDaniel presented a plaque to Commissioner Hawkins acknowledging his position of Chairman during the past year. PUBLIC COMMENTS: None REQUEST FOR CONTINUANCES: None Commissioner Hawkins proposed a reordering of the agenda items in order to discuss a matter that is still within the jurisdiction of Planning Commission. Motion was made by Commissioner Hawkins, seconded by Commissioner Unsworth, to move Item No. 8 before the Consent Items. NEWPORT BEACH PLANNING COMMISSION MINUTES 07/22/2010 Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel , Peotter, Toerge, and Hillgren Noes: None Announcements on matters that Commission members would like placed on a ITEM NO. 8 future agenda for discussion, action, or report. — • Commissioner Hawkins would like a Special Meeting on July 29, 2010 for Approved Zoning Code, with the following: staff report with two resolutions - one in connection with the Environmental Document and one in connection with the Project; the exhibit for the Project with specific code language to the maximum extent practical; and that agenda packet be made available to the Planning Commission on July 27, if there is sufficient time. Assistant City Attorney, Leoni Mulvhill, stated the agenda packet needed to be available 72 hours prior to the meeting. • Discussion on the motion ensued with request for additional information. Staff indicated that the additional information could not be developed in a timely fashion. Motion was made by Commissioner Hawkins, seconded by Commissioner Eaton, to have a Special Meeting on July 29, 2010 for Zoning Code. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, and Peotter Noes: Toerge and Hillgren CONSENT ITEMS SUBJECT: MINUTES of the regular meeting of July 13, 2010. ITEM NO. 1 Motion was made by Commissioner Hawkins, seconded by Commissioner Approved Hillgren, to approve the minutes as corrected. Motion carried with the following vote: Ayes: I Eaton, Unsworth, Hawkins, McDaniel , Peotter, and Toerge Abstained: Hillgren Motion was made by Commissioner Toerge, seconded by Chairman McDaniel, to reconsider the approval of the July 13, 2010, minutes that passed. Motion carried with the following vote: Ayes: McDaniel and Toerge Abstained: Eaton, Unsworth, Hawkins, Peotter and Hillgren Page 2 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 07/22/2010 PUBLIC HEARING ITEMS SUBJECT: Airport Business Area Integrated Conceptual Development Plan ITEM NO. 2 (PA2008 -063 and PA2007 -170) (PA2008 -063 4343 Von Karman Avenue, 4311 and 4321 Jamboree Road and PA2007- 170) The proposed Airport Business Area Integrated Conceptual Development Plan is intended to implement General Plan Land Use Continued to Policy LU 6.15.11 (Conceptual Development Plan Area), which date requires a single conceptual development plan for that portion of the uncertain Airport Area that is generally bounded by MacArthur Blvd, Jamboree Road and Birch Street, prior to residential development in the area. The proposed General Plan Amendment is a minor change in policy language allowing new neighborhood parks provided for infill residential development in the Conceptual Development Plan Area with one public street frontage with public parking. Gerald Gilbert, contract planner, gave a presentation. Public comment was opened. Comments were given by the following: Carol McDermott, Government Solutions, representing The Koll Company Geoff LePlastrier, representing Conexant Systems, Inc. Tom Miller, legal counsel for Conexant Systems, Inc. John Adams, President of Courthouse Plaza Association Ryan M. Easter, Law Offices Palmieri, Tyler, Wiener, Wilhelm, & Waldron LLP Public comment was closed. Motion made by Commissioner Toerge, seconded by Commissioner Hawkins, after debate, to continue item to a date uncertain, and: request the applicant to provide a conceptual plan that better integrates the two properties, and provides park sites that conform with minimum acreage and provides a minimum of 470 lineal feet of street frontage or the two street frontages as presented in the General Plan. Motion carried with the following vote: Ayes: Unsworth, Hawkins, McDaniel, Toerge, and Hillgren Noes: Eaton and Peotter SUBJECT: Via Lido Interim Study (PA22010 -081) ITEM NO. 3 3388 Via Lido (PA2010 -081) The application consists of a Zoning Code amendment to apply the Approved Interim Study (IS) Overlay Zoning designation to the subject property and approval of a Study Plan to allow the renovation of an existing 5- Page 3 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 07/22/2010 story office building for a mixed -use project consisting of two floors of commercial office use and two residential dwelling units located on the upper three floors. Makana Nova, Assistant Planner, gave a brief overview of the staff report. Matt Montgomery, representing applicant, and Robin Donaldson, architect, gave a presentation. Public comment was opened. No comments. Public comment was closed. Motion made by Commissioner Toerge, seconded by Commissioner Peotter, to adopt a resolution, after debate, as follows: recommending City Council adoption of Code Amendment No. CA2010 -006 with the following additions to the Study Plan requirements: • Insure there is a credit for the Fair Share Traffic Fee associated with the elimination of the commercial square footage. • Require some type of permeable hardscape and softscape in the parking areas at the front of the building along Via Lido. • Require an off -site parking agreement, proved as to form by the City Attorneys Office, be recorded. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Peotter,Toerge, and Hillgren Noes: None Newport Commerce Plaza (PA2010 -007) ITEM NO. 4 1800 Quail Street (PA2010 -007 The application is for an amendment to the Newport Place Planned Approved Community Development Plan to change the land use designation in Industrial Site No. 4 from "industrial' to "office' and to change the on- site parking requirement ratio. Russell Bunim, Assistant Planner, gave a brief overview of the staff report. James Camp and Scott Murray, representing applicant, were present for comments. Pat Allen, architect, provided additional information. Public comment was opened. No comments. Public comment was closed. Page 4 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 07/22/2010 Motion made by Commissioner Peotter, seconded by Commissioner Toerge, to adopt a resolution, after debate, as follows: recommending City Council adoption of Planned Community Development Plan Amendment No. PD2010 -02 to change the land use designation of Industrial Site No. 4 from "industrial" to "office" and to change the on -site parking requirement ratio. Motion carried with the following vote: Ayes: Unsworth, Peotter, Toerge, and Hillgren Noes: Eaton, Hawkins and McDaniel Chairman McDaniel requested a vote to continue the meeting past 10:30 pm. Motion made by Commissioner Eaton, seconded by Commissioner Hawkins to continue the meeting past 10:30 pm. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Peotter,Toerge, and Hillgren Noes: None SUBJECT: Voyer Modification Appeal (PA2010 -043) ITEM NO. 5 20442 Santa Ana Anvenue (PA2010 -043) The application is an appeal by the applicant of the Zoning Approved Administrator's decision to approve a modification permit to allow a Appeal residential building to encroach 10 feet into the 25 -foot rear yard setback. The applicant is requesting a 15 -foot encroachment. Patrick Alford, Planning Manager, gave a brief overview of the staff report. Dun Voyer, applicant, handed out letters of support. Brion Jeanette, architect, gave a presentation. Public comment was opened. No comments. Public comment was closed. Motion made by Commissioner Eaton, seconded by Commissioner Hawkins, to adopt a resolution, after debate, as follows: Approve the appeal and approve Modification No. MD2010 -007 with a 15 -foot encroachment; Finding No. 3 of the Zoning Administrator be modified to read "The requested encroachment of 15 feet within the required 25 -foot rear yard setback is compatible "....; Eliminate Finding No. 4 of the Zoning Administrator. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Peotter, Toerge, and Hillgren Noes: None Page 5 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 07/22/2010 NEW BUSINESS None STAFF AND COMMISSIONER ITEMS City Council Follow -up — No action taken ITEM NO.6 Planning Commission reports — Chairman McDaniel presented a plaque to ITEM NO. 7 Commissioner Peotter in recognition for his service from August 2006 to July 2010, and as Chairman from July 2008 to July 2009. Requests for excused absences — None ITEM NO. 9 ADJOURNMENT: 11:26 p.m. MICHAEL TOERGE, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 6 of 6