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HomeMy WebLinkAbout01/23/2003• Planning Commission Minutes January 23, 2003 Regular Meeting - 6:30 p.m. • ROLL CALL CITY OF NEWPORT BEACH Commissioners Toerge, Agajanian, McDaniel, Kiser, Gifford, Selich and Tucker - All present. STAFF PRESENT: Sharon Wood, Assistant City Manager Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Rich Edmonston, Transportation and Development Services Manager Patrick Alford, Senior Planner James Campbell, Senior Planner Ginger Varin, Planning Commission Secretary Minutes: Motion was made by Commissioner McDaniel to approve the minutes of January 9, 2003 as revised. Ayes: Toerge, Agajanian, McDaniel, Kiser, Selich, Gifford, Tucker Noes: None Public Comments: Posting of the Agenda: The Planning Commission agenda was posted on Friday, January 17, 2003. Minutes Approved None Posting of Agenda • City of Newport Beach Planning Commission Minutes January 23, 2003 Bayview Landing (PA2002 -246) INDEX at Lower Item 7 PA2002 -246 An informational workshop to discuss a proposed 150 unit senior affordable housing development at Back Bay Drive and Jamboree Road. A presentation was made by Ms. Wood on the history of this project: visual simulations were presented by staff as part of the environmental review as was general information as requested. It was noted that this was not a public hearing tonight, that will be scheduled for a later date. This is a study session, workshop as this project is on a fast timeline due to the new State law that requires prevailing wages be paid for the affordable housing project which would affect its economic feasibility. There is an exception that lasts through this calendar year and so this project will be moved as quickly as possible so that those deadlines can be met. This meeting is to familiarize the Commission and the public prior to the hearing on issues and concerns that need to be addressed. This item will be brought for a formal public hearing and action will be taken. Representing the developer and giving a presentation on the site plan and proposed architecture of the project: Mr. Gino Canori, Project Manager for the Related Companies • David Smith, architect and planner from Tom Cox Architects Commissioner Tucker asked why the site was being raised by 5 feet and was answered that the build up of the road was a recommendation in the soils report. Public comment was opened. The following members of the public spoke in support of the project: H. Ross Miller - Senior Housing Chairman and Advocacy Chairman of the Friends of Oasis Senior Center and a member of the Board of Directors of Friends of the Oasis noted low traffic from senior housing, van access and need for this project. Val Skoro, 1601 Bayadere Terrace - noted the need to screen roof top equipment. Jan Vandersloot - resident of Newport Heights, representing SPON as a committee member noted archeology site, bluff top protection, coastal sage and gnat - catcher habitat issues. Alan Beek -SPON committee member noted the ideal site for senior housing would have been the Bob Henry Park as it is near amenities needed by seniors within close walking distance to services. This location is what you have to work with. Betty Kerr, 132 Villa Point Drive noted she is not opposed to the project but is concerned with traffic and view impacts. Walt Nutting, Villa Point resident asked about the location of the summer parking from the special events that happen in the area. • The following members of the public spoke in opposition to the project: Discussion Item City of Newport Beach is Planning Commission Minutes January 23, 2003 Peter Ahem - Villa Point resident noted his concern of the loss of his view due to the proposed elevations of the project as a significant financial impact. Chairperson Kiser noted the following issues from the public discussion: • Potential traffic impacts. • Need to act quickly and move this along with the Coastal Commission. • View Park being done in conjunction with the project. • Concerns with the tops of the buildings and equipment that might be on the roofs. • Height of the base of the buildings, meaning that if the base is increased, the tops may be higher than the proposed 35 feet from existing grade. • Heard from representatives of SPON about wanting 4 acres of coastal sage scrub in the park area. We are taking information on the senior project itself only. • The public hearing for this project is February 20th. • Heard about the archeological site. • Lack of a bluff top policy regarding views. • Site not being proper for this particular use. • Overflow parking for events that take place in the area. • Only one person needs to be 55 in the unit. • Public comment was closed. Commissioner Toerge noted the following: • This project is 150 units, of which 30 are two bedroom, that equates to 180 bedrooms. • Parking is not adequate and is grossly under parked, especially with the senior level designated at 55 years of age. People will be driving well beyond that age. • Lack of amenities close to the site suggests that people will be driving more. • Support idea of getting a better view for residents of the community to Back Bay by lowering the grade. • Concerned about a potential hotel in the Dunes and the views and noise from the highway impacts. • Use story poles for this project to understand view impacts. Commissioner McDaniel noted: • Concerned about visitor parking, this looks under parked. • Concerned about the landscaping. Ms. Wood noted the following in response to questions from the Commission: • After 55 years, the affordability restrictions expire under current State law. • The Use Permit will limit this project to senior affordable housing. • Mr. Gino Canori, noted: INDEX • City of Newport Beach Planning Commission Minutes January 23, 2003 • No one is allowed in these units under the age of 55. Chairperson Kiser noted: • Project should keep the foundation pad at the current height of the site. • The equipment and looks of the roofs is a concern. • This site is inferior compared to the site next to the library that is nearly perfect for senior housing. • Agrees with story pole request. Commissioner Gifford noted: • Concerned about the parking issue. • Roof planes changed or solution where pads do not have to be built up five feet to come up with less height. • Not in favor of this site for senior housing. • There is a desperate need for affordable senior housing and would like to see a different site used than this one. Commissioner Selich noted: • This is not a good site for senior housing; there are other sites that are suitable. • Concerned about the building elevations and would like to site buildings as low as possible. . • Requests senior housing parking ratio information. Commissioner Tucker noted: • Not in favor of story poles, computer view simulations are much better. SUBJECT: General Plan Initiation G12003 -001 (PA2003 -010) Campus Drive Request to initiate a General Plan Amendment to include self- storage facilities in the range of permitted uses in the Campus Drive area of Statistical Area L4 (Airport Area). Ms. Temple noted the City Council policy regarding General Plan amendments, the only guidance given to staff in terms of what is necessary, is some conceptual site plan, so that Commission and Council can understand at least in context what the proposal is. In this case, the applicant has chosen to include an elevation plan. Staff clarified that the report for the actual hearing will give the Commission the option to make this use site specific, which is what is being requested, but could include a wider area that the Commission may wish to designate for this land use. Commissioner Tucker noted that this item is for an initiation only. The applicant will come back with a use permit application that will provide the City with specific development plans to consider. 4 INDEX Item 2 PA2003 -010 Recommended for Initiation • City of Newport Beach Planning Commission Minutes January 23, 2003 Motion was made by Commissioner Tucker to recommend that the City Council approve General Plan Amendment Initiation No. 2003 -001. Discussion followed on the visioning process, standards for permitted uses in the Campus Drive area of Statistical Area L4 (airport area), General Plan Amendment versus Zoning Code Amendment as means to implement this land use change request, and site specific versus general area effect. Public comment was opened. Dan Perlmutter, DMP Properties noted the following: • He owns the property. The building was erected in 1962 and has had only one tenant. • This land was designated MIA, light industrial; in 1995 the zoning was changed to APF. • The tenant has sold his business and the building has been vacated. • The property is impacted by the airport. • Have done studies for use on this property for a shopping center, but as there is no traffic, that is not a viable land use. • There is a need for service retail and self storage. • He then presented an aerial photograph of the location. Commissioner Tucker noted that the Commission has varied opinions of this use and ability to control the looks and use. He added that this application may not be approved when it comes back for a hearing. Public comment was closed. Chairperson Kiser noted that this needs to be looked at carefully as to whether this should be site specific and if this process is not the right one, the City Council should reconsider whether it's rezoning or some other process. To add the designation to the General Plan in APF for one particular site to allow self storage and then if the next project comes along for self storage, that we would be piece - mealing self storage to APF one by one. It makes less sense to broaden this to all of the APF General Plan area in the airport area, or broader than that. Vote on the motion was called: Ayes: Agajanian, McDaniel, Kiser, Gifford, Selich, Tucker Noes: Toerge W•• SUBJECT: Zoning Code Amendment CA2002 -007 (PA2002 -218) Landmark Buildings is Amendment to Title 20 of the Newport Beach Municipal Code to designate INDEX Item 3 PA2002 -218 . City of Newport Beach Planning Commission Minutes January 23, 2003 certain types of buildings as "Landmark Buildings" and modify restrictions on nonconforming uses in Landmark Buildings. Chairperson Kiser noted that this item had been initiated on November 7, 2002. A public hearing was held on December 5, 2002. The Planning Commission continued the hearing and advised staff to revise the language to clarify provisions. He then noted correspondence from citizens that had been received and distributed. Commissioner Selich added: • The Port Theater capacity is approximately 960. • It has been represented that the theater has been used for charitable events and presentations to keep its use active. • If this ordinance were passed, they would have to come to the Planning staff and provide evidence that is the case per specified criteria in the Non - conforming Section of the Code. Public comment was opened. Dick Nichols noted the following in opposition to the Port Theater landmark designation: • Public notification of this hearing, in his opinion, was not enough. • • Community members are not in support of this Port Theater. • The three venues being considered have different aspects. • Port Theater should be considered at a later date. • Parking is inadequate for the seating capacity of the Port Theater. • There is an arcade ordinance that specifies minimum distances to residents and schools. This facility is within 90 feet to residential and at 1000 feet to Harbor View School. They might not be able to have an arcade in the Port Theater. • Not enough alley access for trash dumpsters. Chairperson Kiser noted that in the proposed amendment, the required off street parking for all uses after the intensification, modification or expansion of the buildings has to be less or equal to the required off street parking prior to the modification, expansion or intensification required. James "Walkie" Ray, 424 Angelito and part owner of the James Square Center at 2929 -2939 East Coast Highway noted his opposition to landmark status or reinstatement of expired entitlements to the Port Theater: • Concerned about the Port Theater being used in a manner to increase intensity due to parking problems in the area. • Does not want it to be developed as a nightclub. Lauvena Heyton, resident of Corona del Mar, noted her support of the landmark determination for the Port Theater stating it is historical as the original Lassie has performed there as well as the Beatles; she has gone to church services there; is • aware of complaints of previous speakers; many community members are in ER-11:1 • City of Newport Beach Planning Commission Minutes January 23, 2003 support of something positive happening there; Corona del Mar deserves something to be put there to enhance the community. Val Skoro, 1601 Boyadere Terrace, noted that a preponderance of community members are in support of doing something with the Port Theater to fie in with the Visioning update of Corona del Mar. He asked that the Commission support this amendment. Bernie Svalstadt, representing the Corona del Mar Chamber of Commerce, spoke in support of this amendment and asked that the Commission approve this matter. Public comment was closed. Commissioner Selich noted his support of this amendment as the ordinance would help these four buildings. These are existing uses with a parking requirement associated with them. The amendment allows adaptive use and it requires that they not be intensified beyond what is in place now. The idea is to keep the original use of the building and have a supplemental use to keep them economically viable and allow a property owner to make an investment and upgrade the buildings. It does no good to have a building empty or go down in value and quality. These buildings were built many years ago with stages and • provide a sense of community to all. I would like to give some help to upgrading and preserving them and not have any greater impact on the community than they do in their existing nonconforming state. I just don't see what the down side is on it. I am in favor of moving ahead with this. Commissioner Tucker noted his support of this amendment noting: • This came to us from the City Council and is more of a policy matt er, which should be decided by the Council. • If the theater opened as a theater, people who object tonight would still object, they don't want it to be anything. • The prospect of flexibility to allow it to re -open is something they oppose because they don't like the fact that it is in a residential area that grew up over time and there was never any parking provided. • This is not a good land use as it is an imposition but it has been an imposition for many years. Commissioner Toerge noted: • There is a desire of the community at large for something to be done on this site. • The owner has the right to continue the use as a theater as long as they can prove that it has continued in that manner. • Hard to ignore the impact on the adjacent uses and nearby residents. • Supports this amendment so that the Council can make the policy decision. • Commissioner Agalanian noted his support for reasons previously stated. INDEX • City of Newport Beach Planning Commission Minutes January 23, 2003 Commissioner McDaniel noted his support. Commissioner Gifford noted her support on this matter on its merits particularly in light of the City's efforts to promote the Newport Film Festival. Chairperson Kiser noted his support of this d amendment and then read the revised exception that, 'Any new uses associated with the change in operational characteristics are accessory and remain subordinate and incidental to the main use of the Landmark Building, and shall not occupy more than 25 percent of the floor area of the building.' Motion was made by Commissioner Selich to adopt Resolution No. 1586 recommending approval of Code Amendment 2002 -007 to the City Council. Ayes: Toerge, Agajanian, McDaniel, Kiser, Gifford, Selich, Tucker Noes: None ADDITIONAL BUSINESS: a) City Council Follow -up - Ms. Wood noted that the City Council approved on the first reading the Planned Community Amendment for Fashion Island signs; called for review the use permit for Hattie's Pizza on January 23rd. b) Oral report from Planning Commission's representative to the Economic Development Committee - Commissioner Selich reported that there was no meeting. C) Report from Planning Commission's representatives to the General Plan Update Committee - No meeting, but the subcommittee met to review all of the elements to determine the extent to which any or all of them need to be revised. Ms. Wood invited the Commission to a joint study session with the Council at 4:30 on Tuesday the 28th to hear a presentation of the results of the visioning process. d) Report from Planning Commission's representative to the Local Coastal Plan Update Committee - none. e) Matters that a Planning Commissioner would like staff to report on at a subsequent meeting - none. f) Matters that a Planning Commissioner may wish to place on a future agenda for action and staff report - none. g) Status report on Planning Commission requests - none. h) Project status - none. 0 INDEX Additional Business City of Newport Beach Planning Commission Minutes January 23, 2003 Requests for excused absences - none. Ms. Temple noted that the meeting of February 6th is to be cancelled as the continued item (McDonald's) has provided additional information for presentation. A new public hearing notice will be done when the applicant is ready to proceed ADJOURNMENT: 9:00 P.M. SHANT AGAJANIAN, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION INDEX Adjournment