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HomeMy WebLinkAbout11/05/2009CITY OF NEWPORT BEACH Planning Commission Minutes November 5, 2009 Regular Meeting - 6:30 p.m. ROLL CALL Commissioners Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge, and Hillgren - all present. STAFF PRESENT: David Lepo, Planning Director Michael Torres, Deputy City Attorney Tony Brine, City Traffic Engineer James Campbell, Principal Planner Makana Nova, Assistant Planner Ruby Garciamay, Department Assistant PUBLIC COMMENTS: PUBLIC COMMENTS None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on October 30, 2009. HEARING ITEMS SUBJECT: MINUTES of the regular meeting of October 22, 2009. ITEM NO. 1 Approved Motion was made by Commissioner Peotter and seconded by Commissioner Hillgren to approve the minutes as corrected. Ayes: Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge, and Hillgren - Noes: None Abstain: None SUBJECT: Ong Parking Waiver (PA2009 -059) ITEM NO. 2 333 Old Newport Boulevard PA2009 -059 A use permit application to waive the additional off - street parking required for the Continued to conversion of 3,061 square -feet of retail space to medical office in an existing 12/03/2009 multi- tenant building. The application requests a waiver of three parking spaces. Mr. Lepo requested this item be continued to December 3, 2009 and indicated that additional information has to be submitted by applicant on parking and NEWPORT BEACH PLANNING COMMISSION MINUTES 11/05/2009 parking studies in order for staff to make a reasonable recommendation. Chairperson Hawkins requested confirmation that applicant will provide materials as necessary by the next hearing date. Mr. Lepo confirmed that applicant is required to provide additional information. Motion was made by Commissioner Unsworth and seconded by Commissioner Peotter to continue this item to December 3, 2009. Ayes: Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge, and Hillgren Noes: None Absent: None SUBJECT: Moriarty Residence (PA2008 -207) ITEM NO. 3 2128 Mesa Drive PA2008 -207 An appeal by the applicant, Richard Moriarty, of the Zoning Administrator Continued to approval of a parcel map to consolidate existing portions of lots and parcels into a 02/04/2010 single parcel of land for single- family development. The applicant requests relief from conditions of approval relating to Coastal Commission approval and the ingress /egress access easement. Mr. Lepo noted that the applicant submitted a request for continuation. Ms. Nova gave a brief overview of the staff report, noting the following: • Parcel Map was approved by Zoning Administrator on December 8, 2009, and appealed by the applicant regarding the conditions of approval. • Applicant is requesting relief from requirements of Coastal Commission approval for parcel map and relief from the requirement to establish an access easement to the subject property. • Steve Badum, Public Works Director, has been working with the County to establish a procedure to provide said access easement and to assist the applicant with improving and recording the access easement. Mr. Brine noted that the Public Works Director confirmed that he has been working on this item to process and complete as soon as he can. Chairperson Hawkins asked Mr. Brine if he experienced any difficulties with any parties involved, including the County. Mr. Brine answered to date he did not and noted the following: • Public Works is waiting for a set of plans from the applicant for review and approval. • Public Works will be the reviewing party and they will also be approving the plans. • Once approved a County permit would be issued. • The time frame to issue a permit by the County is unknown. • Public Works is committed to moving this process as soon as possible. Page 2 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES Commissioner McDaniel noted that he is willing to continue this item one more time to a date certain and the item will be ready to be discussed or will be removed from calendar. Paul Rafferty, lawyer representing the appellant, recognized the commissioners frustration with the continuances and noted the following: • Assured the Planning Commission that Mr. Moriarty has worked very hard to evolve and move this project and does not want to prolong the project. • Per the request of the Planning Commission, plans were revised by Mr. Moriarty and submitted to the County. • County comments were received July 19, 2009. • Issues Mr. Moriarty has to solve include: ingress /egress solutions, adjacent neighbors, ownership of Birch Street extension. • The project would ultimately vest within the City. • Mr. Rafferty met with Dave Kiff and Aaron Harp where Mr. Kiff proposed to make this a city project since the City would ultimately take ownership. • A cost estimate of $50,000 to $75,000 was provided to the applicant, by early September, as referenced in the agenda packet. Mr. Rafferty added that some time was lost when Aaron Harp left the City. • Mr. Badum met with the County on October 13, 2009, to inform the County that the project will be a driveway improvement project, will not require engineering, and will effectuate all the property transfers. • Mr. Badum confirmed this idea in writing on October 21, 2009. • The County issued a letter based on their meeting with Mr. Badum. County correspondence, dated October 27, 2009, was distributed by Ms. Nova to staff and Commissioners and Mr. Rafferty noted the following: • The County letter references old plans that were submitted by Mr. Moriarty. These plans are inconsistent with the plans that the City is proposing and plans are being revised and should be done by beginning of next week. • The County requests that an OC Parks Permit be pulled. • The City's approved plans, which will be submitted to the City by next week, will be submitted to the County for a parks permit. • The County demands that it infuse itself with the project. • Mr. Rafferty questioned why the County was not in attendance to answer their questions. • Revised plans submitted to the County in May or June came back with a list of new and changed items and they are uncertain what the County will do with the permit once the approved plans have been submitted by the City. Mr. Brine noted that per the conversation and by direction from the Director of Public Works, the City will be the party approving the plans. Once plans have been approved by the City, they will be submitted to the County for the permit process. A City Encroachment Permit and a County Parks Permit will be part of the process. The Countv will not have the 0000rtunity to review the plans 11/05/2009 Page 3 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 11/05/2009 beyond that point. Chairperson Hawkins asked Mr. Brine what type of permit is a parks permit Mr. Brine noted that the permit is termed an Orange County Parks Permit and was not exactly sure what that permit would be and thought it to be consistent with a City Encroachment Permit. Mr. Rafferty noted that this was his understanding and that they will be pulling a Public Works Encroachment Permit with the City. Mr. Lepo noted there was no reason to continue this item for the following reasons: • The Subdivision Map Act and local subdivision ordinance require that approved access be provided for that parcel map. • The recommendation of the Planning staff will not change. • There is no basis for the Planning Commission to decide if this has to be done. • The applicant does not want to provide a letter from the Coastal Commission indicating that the Parcel Map is exempt from a Coastal Development Permit where the City believes a Coastal Development Permit is required. Commissioner Unsworth asked Mr. Rafferty what problems his client is experiencing with Conditions 16 and 22 and how do they affect their ongoing negotiations. Chairperson Hawkins further noted that the following two issues need to be addressed with this settlement: • How is Mr. Moriarty going to gain access? • Should Mr. Moriarty be required to obtain Coastal Commission approval for the Parcel Map? Mr. Rafferty responded with the following: • Coastal Commission approval will be required and he does not think it will be difficult to do and if this was the only issue they would not have filed an appeal. • The Parcel Map consolidation is denying this homeowner occupancy. The end result is that he gets recorded access. • Mr. Rafferty agreed that a final hard date be set and they have a mutual agreement of sorts to set that date for a final outcome. Chairperson Hawkins noted that there appears to have been some negotiations and an agreement between the private parties in connection with the proposal and asked if there was a written settlement contract memorializing this. Mr. Rafferty noted they have a tentative Page 4 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 11/05/2009 Chairperson Hawkins noted that an unsigned agreement is not an agreement and continued to ask Mr. Rafferty if he believes this item would be ready for a Planning Commission ruling in thirty to sixty days. Mr. Rafferty did not think this item would be ready in thirty or sixty days and noted he would take ninety days. Commissioner Hillgren noted that access easement is required and does not understand why any further delay would encourage the parties to get things done or how the extra time relates to Planning Commission action. Mr. Rafferty noted that absent a written binding agreement, the only thing that has motivated the parties to date is the Planning Commission's delay in making a ruling. Commissioner Hillgren was still not clear with Mr. Rafferty's response. Commissioner Peotter noted in response to Commissioner Hillgren that he does not agree that a Parcel Map is required in order to provide a legal parcel and was in agreement to continue this item to a date certain. Also, the item may be continued again due to the unknown outcome of the County and may have to come back in regular increments for progress updates. Mr. Lepo noted that a lot consolidation or lot line adjustment cannot be used for a property that does not have approved access. Chairperson Hawkins noted that this was going to be a City application to the County and the City should be able to expedite the process with the County. Mr. Moriarty noted that these issues are not under his control and he is willing to accept the budget, as an estimate from the City, of $75,000 for the road and will do whatever he can to facilitate this matter. Commissioner Toerge noted that absent of any new information he is inclined to deny the appeal and agreed that item should be continued. Motion was made by Commissioner Toerge and seconded by Commissioner Hillgren to continue this item for ninety days to February 4, 2010. Commissioner McDaniel noted that he wanted to vote on this item at the next hearing and supported the motion to continue. Chairperson Hawkins reopened the public hearing to ask the applicant if an extension is given and access is granted by permit by the City and the County, could the appeal be withdrawn and would they be able to move forward. Mr. Rafferty and Mr. Moriarty agreed that if recorded access is received, they would withdraw the appeal. Commissioner Unsworth asked if they are prepared to waive any riqhts they Page 5 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES 11/05/2009 may have under the permit streamlining act. Mr. Rafferty agreed to waive his rights. Ayes: Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge, and Hillgren Noes: None Excused: None NEW BUSINESS: City Council Follow -up — Mr. Lepo gave an overview of the Hearing Officer's determination for Reasonable Accommodation requests from Newport Coast Recovery and Pacific Shores Property. Commissioner Eaton noted that at the last Planning Commission meeting it was stipulated that a follow up report on the Megonigal residence be provided by the Planning Director. Mr. Campbell gave an overview and answered questions by the Planning Commission regarding the Megonigal residence. Commissioner Eaton requested response document be received prior to receiving the packet. Planning Commission reports — Commissioner Toerge noted that on November 10, 2009, the Task Force on Green Development will discuss the white paper to be presented to the City Council in the study session outlining public outreach, resources, guidelines and incentives for going green. Commissioner Eaton noted that the General Plan Update Committee has not met for a few weeks but is scheduled to meet on November 17. Chairperson Hawkins reported that the EDC received a presentation from two groups (employers and employees), conjoined with Coast Community College in connection with employment issues. The presentation discussed how these groups could assist EDC members with hiring and training. Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report — None Requests for excused absences —none. ADJOURNMENT: 7:20 p.m. CHARLES UNSWORTH, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 6 of 6