HomeMy WebLinkAbout11/16/2006Planning Commission Minutes 11/16/2006
CITY OF NEWPORT BEACH
Planning Commission Minutes
November 16, 2006
Regular Meeting - 6:30 p.m.
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INDEX
ROLL CALL
Commissioners Eaton, Hawkins, Cole, Toerge, Peotter, McDaniel and Henn - all
present
STAFF PRESENT:
David Lepo, Planning Director
Patricia Temple, Advisor
Aaron Harp, Assistant City Attorney
Rich Edmonston, Transportation /Development Services Manager
Jim Campbell, Senior Planner
Ginger Varin, Administrative Assistant and Planning Commission Secretary
PUBLIC COMMENTS:
PUBLIC
COMMENTS
Mr. Hawkins congratulated the Commission and staff for their work on completing
he General Plan Update for the City, and Commissioner Henn for his election to
he City Council.
Ms. Temple introduced Mr. Lepo who is the interim Planning Director and has
taken over the responsibility of the Planning Department.
Chairperson Cole noted this is Commissioner Henn's last meeting as a
Commissioner. He thanked him for his vision of the City and the sharing of his
business acumen.
POSTING OF THE AGENDA:
POSTING OF
THE AGENDA
The Planning Commission Agenda was posted on November 10, 2006.
HEARING ITEMS
SUBJECT: MINUTES of the regular meeting of November 2, 2006.
ITEM NO. 1
Motion was made by Commissioner McDaniel and seconded by Commissioner
Approved
Peotter to approve the minutes as corrected.
Ayes:
Eaton, Peotter, Hawkins, Cole, McDaniel, and Toerge
Noes:
None
Abstain:
Henn
ITEM NO.2
SUBJECT: Newport Beach Brewing Company (Use Permit No. 3485)
2920 Newport Boulevard
Continued to
The Newport Beach Brewing Company has operated a restaurant/brewpub
12/07/2006
pursuant to Use Permit No. 3485 since 1994. This permit was issued by the City in
1993 and it was subsequently amended in 1999. City has received several
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Planning Commission Minutes 11/16/2006
plaints related to the operation of the use and the Planning Commission
uate the complaints, the operational character of the use and the conditic
;r which the use operates. At the conclusion of the hearing, the Commiss
require alteration of the operation or it may delete or modify conditions
oval. The Commission also may conclude that no changes are necessary
cation of the Use Permit is not being considered at this time.
Temple reported that this item is to be continued to December 7, 2006.
was made by Commissioner Hawkins and seconded by
;I to continue this item to December 7, 2006.
None
n: None
ECT: Newport Bay Marina (PA2001 -210)
2300 Newport Boulevard
Plan Review, Use Permit, Modification Permit and Vesting Tentative Tr,
to allow the construction of a mixed -use development on a 2.4 acre s
ed north of the intersection of Newport Boulevard and Balboa Boulevard. T
ct consists of the demolition of all structures on site and the construction
)ximately 36,000 square feet of commercial uses and 27 dwelling un
tominiums). Eleven three -story buildings are planned to be built over
.rranean parking garage. The reconstruction /reconfiguration of the existi
lead, boatways and docks is also planned. The Site Plan Review applicati
1 authorize the entire project and the Vesting Tentative Tract map wot
it a subdivision map to allow for the residential units to be individually so
Use Permit would establish a building height limit of up to 35 feet and t
fication Permit would allow portions of the proposed buildings to encroa
i the 5 -foot front yard setback. A Draft Environmental Impact Report (SCI
071144) including mitigation measures was submitted to and reviewed by t
ling Commission.
Cunningham, contract planner for the City, noted the following:
This item was continued from October 5th.
In response to concerns expressed by the Commission, the applicant
made these changes:
All structures have been relocated outside o' the front yard (Newport Blvd
setback thereby eliminating the need for a modification.
The areas between buildings F and G, H and I have been elimine
resulting in an additional six feet along the northern property line. That
feet results in the ability to place a delivery area between building K
northerly property line. A condition has been added that the space
modified to allow delivery vehicles to gain access and egress from
space so there will not be multiple turn movements.
The residential component along the deck level has been eliminated
replaced with commercial and parking spaces.
Subterranean garage has been re- designed.
PA2001 -210
Approved
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Commercial floor area has been increased slightly by 250 square feet a
residential floor area has been decreased by 3,330 square feet. The to
number of proposed dwellings remains the same as the units have be
re- designed.
The paseo area between buildings C and D has been widened
additional landscaping.
The total landscaping throughout the site has been increased.
Ar. Campbell, referencing a sketch, added that the building height ranges in
area are 35 feet, 17 feet, 21 1/2 feet, 25 feet, 19 1/2 feet, 35 feet, 22 feet, 281
9 feet, 43 feet (on site) and 27 112 feet (on site). He confirmed that those buil
ever the height limit set forth in the Specific Plan pre -date adoption of the Spe
McDaniel noted that it appears the average is in the 20 foot range.
r. Campbell added that a required finding that discretionary approval of at
,tease in building height would not result in an abrupt change of scale betweet
Ijacent structures may be made in this case because of the horizontal separatiot
�tween the proposed structure and adjacent structures which have heights of 3;
at and 17 feet, respectively. Chairperson Cole asked if there are low building:
Ijacent to the 28th Street Marina. The response was that there is no building of
ith Street and the shipyard is across the street. North of that building are :
!ries of two story buildings along Lafayette Street around 25 - 26 feet.
scussion continued. Commissioner Toerge added there is a significan
Terence between this project and the 28th Street Marina project. Unlike tha
irrent case, the 28th Street Marina project is two buildings with residential unit:
!t back a substantial distance from the street. The project now before the
)mmission is a series of buildings with facades of all floors rising in the sam(
ane from the street edge . The 28th Street Marina project has a staggered too
tttern and the structures are not simply squares but rather angle back from th(
-eet. The product type is significantly different in that the residential units an
nsolidated into two buildings instead of 7 or 8 buildings. This issue is not jus
ie of building height, but rather one of height of the buildings at the perimeter o
e project site. One of the proposed buildings exceeds the building height limi
id is in the middle of the site and I find no problem with that one. It is the heigh
id adjacency at the perimeter of the property and the vertical nature of the
oposed building that causes the abrupt scale change, not just the height. Then
a trade off and the Code supports the idea of making buildings higher so that wE
in gain more view corridor. In the 28th St. Marina there is a 50 foot wide corrido
at widens to 100 feet. This project has a much narrower corridor and narrow;
own towards the bay instead of widening out so that it restricts the view and
✓en the height, doesn't represent an appropriate the trade off. I am looking fo
eater view corridors. I don't think the project does that. It is only fair to compar(
a two projects in a more complete fashion than the just the height of the highes
II Cunningham added:
The Commission also asked for a Parking Management Plan and
Construction Parking Management Plan. The applicant has supplied the
and they have been reviewed by staff and are contained in your packets.
There was a request for clarification on the marina parking which is
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lin the staff report.
A buyer notification form has been developed by the applicant and i
contained in the packet. Staff would like to see more detail (on this forrr
at the time the project is developed and that it be more generic and cover
wider range such as potential boat operation and/or additional restaurants.
Some of the issues yet to be discussed are the buffering issue on the
northerly property line adjacent to Woody's, re- design of the subterranear
parking with triple tandem parking which staff recommends be eliminated
the use of the 19 -slip area has been clarified and is included in the staff
report; the southerly ramp from the deck level to the arcade area stays a:
one way; and, a second resolution with underline and strikeout is in thf
packet with changes to conditions.
Staff recommends approval of the project subject to the conditions.
iI McDermott of Government Solutions, representing the applicant, introdu
staff and noted the following changes to the project in response to
:erns expressed by the Commissioners at their last meeting as well
ges made in response to the concerns of neighboring property owners:
All structures have been relocated outside of the front yard (Newport
Boulevard) setback.
All residential uses were eliminated from the main deck level and have been
replaced by commercial uses.
The structures on the bay side of the property were consolidated to increase
the separation at the westerly ( Woody's Wharf) property line.
Building K adjacent to Woody's has been modified with the removal of all
windows on northerly side and the building has been shifted 6 feet for a
buffer of 13 feet and an 8 -foot masonry wall is now proposed and a loading
zone for bldg A has been added.
An additional condition is proposed to read "An 8 -foot high block wall with 4-
foot high glass panel on top consistent with the architectural design of the
project to be provided along the northerly property line to provide screening
between the Woody's Wharf Restaurant and the proposed mixed uses
consistent with condition 72 which requires adequate site distances."
An additional loading space was added in the western portion of the project
on the deck level.
Additional parking spaces were added to both the subterranean parking
structure and the parking deck.
Landscaping enhancements along the bay front and slipway.
There are eight buildings with two units per building for a total of 16 dwelling
units.
Building C office has been redesigned to pull the stairway back away from
the right -of -way to have pedestrian landing area located on -site and out of
the public right -of -way.
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Bridge elevation at Newport Boulevard is at 8 feet with an increase of 2 feet up
to the deck area. The railing is designed to be vertical tubular steel.
Discussion then focused on the following areas of concern:
Landscaping and architectural articulation of the proposed 8 -foot wall on the
westerly side of the project.
The width of the view corridor, especially on the bay side of the property.
The timing of preparation of the detailed Construction Management and the
Parking Management Plans.
Width of the sidewalks is 10 feet.
The second and third stories set back 2 feet on the front of the building
facing Newport Boulevard.
otant City Attorney asked if there was a condition related to filling the de
of the bridge with tables and chairs, etc. such that you won't really have
corridor. Is there any type of restriction related to this?
r. Campbell answered there isn't a condition that would limit that.
McDermott continued:
The rendering for the bridge area is shown as outside the view corridor
part of the easement that we have to provide.
The parking has been revised in the subterranean level with an increase
number of spaces. The number of spaces that exceed the Coy
requirement is 24. All the residential units have garages.
Retail office parking includes 16 commercial carports and 152 stalls.
Marina parking is 15 stalls for the 19 slips and is provided in tl
subterranean parking and so marked and enforced.
All deck level parking consist of garages and parking for commercial uses
in carports.
The subterranean parking has been redesigned and allows for very go(
circulation. She then noted where the parking attendant placement coy
be.
The view corridor consists of 5,327 square feet, the proposed expan
view corridor will now be 13,204 square feet to be protected by
easement that perhaps would allow for tables and chairs.
View corridors were then discussed as were the pedestrian and car
across the bridge.
ner Hawkins asked if the bridge was an integral part of the
and what the proposal was for Slip 19 and Condition 67 regai
berthing. -
McDermott answered it would be difficult as they would end up with
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eparate projects without access across the bridge. She then referred to the sit
plan and discussed ingress /egress and fire access. She then discussed th
an
of the slipway and the ability to have the berthing capability.
;ion continued on berthing types, keeping the view corridor opened
condition(s).
McDermott continued:
The Statement of Overriding Conditions in Exhibit B regarding cult
resources states the buildings are in good condition. We suggest using
term "poor."
Condition 14 - clarified that the noise ordinance standard should be
mixed use not for multi - family. The mixed use standard is 60 dBA betty
the hours of 7:00 a.m. and 10:00 p.m.
Condition 46 - requirement that elevators be gumey - accommodating. '
would like to clarify that the commercial elevators will be gum
accommodating but would prefer that elevators that only go the residen
floors be residential elevators. According to the Code, elevators
required for certain commercial areas over a certain square foota
Because of the size of the square footage added into the 2nd and
floors on building K, building areas are below the threshold that requires
elevator. Therefore, there will be no commercial elevator because
handicap access is not required for that small of a space.
Temple noted it is not necessary for the Commission to designate specific
s of elevators; the Codes will be applied. We can, therefore, eliminate
lition 46 as the Fire and Building Codes dictate these uses.
inuing, Ms. McDermott noted:
Condition 67 - limiting Slip 19 berthing operations will need to be discussed.
Conditions 51 and 66 - refer to the Construction Traffic Management Plan
and to the Parking Management Plan which have been submitted and the
applicant offers to bring these back for your review and ultimate approval.
She then noted the parking attendant locations on the exhibit. There
either be booths or a gate system.
ssion continued on the easement, the recordation and orientation of �
or. Staff recommended that this recordation be conditioned along with
Map.
Malak, architect, noted:
The configuration gives more opportunities for views. The prior we(
shaped configuration is a view from a small area and he referred to
exhibit.
The rectangular configuration allows for more opportunities for views and
an expansion.
continued on the view corridor along with the ten -foot easement on
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waterway and access.
issioner Toerge noted:
The Specific Plan stipulates that the property has to provide a view co
and part of the nexus for allowing the height is an effort to create the
corridor.
The existence of the existing view corridor is irrelevant. The
consideration is an effective view corridor.
He then compared this to other projects within the City.
Referencing the exhibit, he noted the configurations.
continued on view corridor, pedestrian access, signs, parking
nmissioner Toerge noted that this site cannot be developed without a U
mit. There are a multitude of trade -offs in this proposed project and it can
eloped in a significantly different way to reflect some of his concerns. The
a number of places throughout the City that give you FAR entitlement that y
't attain when you are obligated to meet the current Code. This may, in fact,
of them. While the project may be under the FAR maximum limitation, it
it meet the requirements of development standards and guidelines in order
;ive approval, and in some cases, that means you can not get to the maxims
Z or density. The entitlement of the property is subject to all applicat
idards and codes, not simply the maximum floor area ratio and densities.
. McDermott noted that the entitlement allows for 43 units and t
) osing to do 27 units so there are fewer residential units than would be
the mixed use designation.
imissioner Henn noted we should consider a balanced view of this where
icant requests a project that is less (intense) in some respects.
imissioner McDaniel noted he is in favor of not having the 19th slip be a be
due to the discussion on the view corridor. It is a valuable asset to the City
that view corridor without a boat in the way. We need to keep this o
missioner Hawkins suggested having this slip for loading and not having
ing at all. He indicated his appreciation that the applicant has made
gas based on the Commission's concerns. He then asked about the c
corridors gaining footage.
imissioner Henn noted his concern of having available space for boaters t
using the bay to tie up for a short periods of time to patronize a shop
Ken McKently, architect, referencing the exhibit, discussed the orientation
buildings, elimination of windows, and narrowing paseos as to extend i
th) of the view corridor by approximately 6 feet.
continued on view corridors and paseos.
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McDermott noted that the applicant is requesting that sale of small boats
Ned so that there might be small boats that are stored here in some resp
nected to the marine uses that would be encouraged in those commer
continued on a possible height restriction.
comment was opened.
Steinbrecker, local resident, noted:
30 -year resident of the City.
3 -story height limit of the buildings on the street is a shock for people to see
Is a 35 -foot wall along Newport Boulevard really what you want to see?
This is a massive facade and recommends that it be staggered back iron
the street.
This development will put pressure on the City when future
come in with their project.
Three -story buildings will change things and be detrimental to the feel of
area.
She suggested staggering the roof height.
Sarventi, partner of Woody's Wharf, noted:
Having residences next to their establishment is problematic.
Following discussions with the proponent, they (proponent) have offered
put buffers on that side of the project as well as the sound wall and I
offer to maintain that wall with no windows on that side of the buildi
and beefed -up those disclosures. They have offered to bring in their no
consultants to attenuate noise inside our restaurant. We feel better ab(
this development.
The buildings along that area are in poor shape and a development such
this is a positive thing for the City.
The concerns raised in the letter from their attorney have been met and
feel much better about this proposed project.
Traffic and parking and noise complaints coming from the development
their biggest concerns.
missioner Hawkins suggested a condition be added related to the
uation in Woody's Wharf.
ner McDaniel noted that Woody's Wharf also has the responsibility
noise and traffic on their property for the benefit of other neighbors
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Oim Wasco, representing the Crab Cooker, noted:
He noted that considerable consideration has been given to Woody's
in the form of increased setback, sight and sound wall, no windows
their establishment and removal of residential next to that wall.
Referring to the elevation with the Crab Cooker on it, he noted that
have zero lot lines and have residences looking straight down. They
concerned with the mitigation done for Woody's.
He suggests that a consideration of not having balconies on their side of
project and possible more than a zero lot line.
missioner Hawkins noted that the Crab Cooker was represented at the la
:ing and no real concerns were noted other than the stability of the comm(
Woody's is a different type of operation than the Cooker. Odors may be
ern with the open walkway and perhaps there may be some way to wo
id that. Perhaps the applicant can work with the Crab Cooker to addre,
concerns.
iissioner Henn noted the issue of the abruptness of the height cha
raised and asked Mr. Wasco how troubled he was by the height
en the Crab Cooker and the higher building.
Wasco noted if this is within the Code then it is the landowner's right
;lop his property as such. He noted that another view corridor can
>idered that leads back to the bay by the area of the Crab Cooker.
Griffith, representing Mr. Rubian, owner of the Crab Cooker, noted:
They suggest that in the balcony area sound glass be installed to de
smoke, odor and noise.
The Construction Management Plan should not allow staging in the an
area as it will be problematic for their delivery trucks and patrons.
On the disclosure to the public, it would be appropriate to get input
both Woody's Wharf and them before it would be adopted.
:ussion followed on the disclosure, protection, input and approval by
ming Director and notification to the Planning Commission.
Campbell then noted a minor change to condition 51.
d Pappas from Woody's Wharf noted their concern about residential and
:rcial uses. He noted his appreciation for the applicant and the work being
;ad.
comment closed.
issioner Toerge noted:
Notice requirement to residence buyer - Condition 64 should reference
buyers and owners and not lessees. The last sentence needs to be re-
worded. Notice should be given at the time a purchase agreement is
executed and not at the time a deed is executed. This way it is up front
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not after the fact.
The notice needs to be re- worded and should be a notice to not just the
buyer but to subsequent buyers. Existing uses will change over time
that fact needs to be reflected in the verbiage.
the site plan he continued noting his concerns:
The largest retail building on the project has no adjacent loading area.
All parking for this retail building is in the garage and there is no
parking and there should be some.
Dissatisfied with the overall site plan and questioned if it meets the intent
the Specific Plan and the Codes that we have.
Appreciates the changes to the subterranean parking as presented
which makes it far more reasonable to use.
There should be an ingress /egress on the southerly lane to create
access into the deck level to give residents and visitors a more reasoi
alternative to get in and out of the site.
Asked for and received an explanation of the locations of trash
throughout the project by Mr. Malak.
Absha Anabar, of ETCO Investments, noted:
Trash enclosures have been addressed and the site is designed so that al
office, retail and commercial uses will be provided with professiona
janitorial services.
All of these units will have this janitorial service that will bring the trash d
to the parking structures or to various locations on site. Referring to
site plan, he pointed out the various locations.
All residential units will have curb pick -up according to City standards.
Commissioner Toerge noted further concerns:
Coastal access issues: 919 Bayside - access 8 feet unrestricted; 28th
Marina - 9 -10 feet unrestricted
Six feet for this project is too narrow to provide reasonable access along
bulkhead and not consistent with the projects that have been cited.
Pedestrian access needs to be provided on the bridge and large enough
people to circulate safely.
19th Street slip - allowing permanent access impedes the view easem
and there needs to be a definition between temporary and permanent
there is no dispute.
Parking - no surface or deck level parking for the multitude of commer
and retail facilities that are going to be here; this is a serious flaw of
plan.
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rking Management Plan (PMP) and parking layout plan go hand in hand. T
in is not really clear as it references stations where people might come in to p
gates. These need to be firmly established and referenced on the PMP that 1
a the specifics of the physical development. This project does not do this yet.
A complete PMP needs to be reviewed by the Planning Commission
needs to be prepared in conjunction with the site plan. Deck level pa
is important as an attraction element for potential customers.
He then discussed potential enhancements for the subterranean
facility.
The 35 foot wall on the newer plan may lessen the noise impact for Buildi
K; it makes the property less compatible with the adjacent property which
open. He then noted several abrupt height changes on the property li
which he feels compromises the compatibility issue
The 8 -foot wall on the property line would need some specific approval.
encouraged that the wall as it moves toward the street step d
somewhat as there is an abruptness of an 8 -foot tall with a 4 -foot g
panel on top.
The sound attenuation needs to be addressed on Newport Boulevarc
according to the EIR and along the property line by the Crab Cooker.
Double -paned windows or other measures need to be implementer
throughout the whole project as this is an integration of commercial an(
residential uses. There should be more than one ingress point to the decl
level of the project. The southerly drive to the deck level at 22nd Stree
and Arcade should allow ingress and egress.
There is a requirement to have a view corridor. The effectiveness of
view corridor is relevant to the redevelopment of this entire site.
proposal to have boats taller than the bridge seems to obstruct the
and defeats the purpose of the view corridor.
The Construction Management Plan (CMP) contains a lot of variables.
does represent a positive effort by the owner /development. However,
doesn't measure up to the detail that I want to see as it relates to satisfyi
the requirements of the EIR.
McDermott noted that they can bring the Construction Management Plan
Parking Management Plan back to the Commission. The idea of n,
muation is appropriate and they are willing to provide the glass walls over
ib Cooker and intend to meet all'of the noise requirements. They agree to v
a step down wall by Woody's Wharf. Noting the exhibit, she identified retail
is adjacent to the buildings in addition to parking below grade.
ommissioner Hawkins noted a correction on the draft resolution for the Tract Map
paragraph 11 which talks about archeological and historic resources. Following
brief discussion it was suggested to add, "....to the extent possible."
hairperson Cole referenced the following issues:
uilding height request:
ommissioner Eaton - findings can be made. We will be seeing more 35 -foot high
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in the future.
nissioner Henn - agrees with these comments adding this increase in
allow for more view corridor.
nmissioner McDaniel - wall next to Woody's Wharf is a concern. The
Id be shorter as it gets to the water. He suggests some sort of articulation
a flat wall.
nissioner Eaton suggested a condition regarding articulation and utilization
cted windows subject to the approval of the Planning Director and the sar
on the 8foot plus 4foot wall as it approaches Newport Boulevard.
agreed this could be done and conditioned.
imissioner Hawkins noted his concern of the view corridor with the additional
as a benefit.
i Cole noted consensus on the height and adding a condition on
on Building K and staff will decide how it drops down.
continued.
k Sarventi noted that the 8 -foot wall was suggested as a means to block the
e.
tinuing with the list, Chairman Cole noted:
Residential use on the deck level has been addressed.
Delivery service vehicles access has been addressed.
Edmonston noted that there is no established City criteria on the proximity of
ling spaces and where they are provided in some of the older commercial
is. We try to place them where they are most useful for the majority of
nesses. The problem may be if you have delivery drivers who are in a rush,
will park where it is convenient for them. However, we get few complaints on
imissioner Hawkins noted there should be no parking on the bridge.
tinuing with the list, Chairman Cole noted:
Parking /Construction Management Plan - is it City protocol to require these
at this stage of an application for our review?
Campbell answered not usually; however, with projects of this size that
whole site with excavation, we have required them up front for review.
iitions have been made that these are subject to review by the Pla
ctor and City Engineer.
Alowing a discussion on a possible public hearing for the review of
instruction Management Plan, it was decided to amend Condition 51 to t
is back for review by the Planning Commission. The Parking Management
res not necessarily need to be publicly noticed.
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Edmonston noted that the Parking Management Plan as presented is
iplete.
nmissioner Toerge noted the PMP and CMP provided by :a previous appli
Our Lady Queen of Angels proposed project was reviewed in -depth by
fining Commission. He went on to list the deficiencies in this proposal.
imissioner Peotter noted this is a proposal for a shopping center that
sting all the requirements per Code. They are not proposing that there be p�
,ing now, and if they do, they will need to come back and have it reviewed
satisfaction of the City Engineer. Most of the issues that may come up will
finical in nature and not public in nature and staff can handle it.
sioner Eaton noted his agreement with previous comments.
d that Condition 66 have an added noticing requirement and that
is appealable.
Henn noted his agreement.
nissioner McDaniel noted the concerns of the Crab Cooker proprietor.
to know what is going on especially in the arcade area and how it will in
continued on parking resulting in possible changes to the site plan.
issioner Hawkins noted that if there is a design change in the site plan,
if such change wouldn't have to come back for review.
Campbell answered it would unless the Planning Director felt it was
tantial conformance with the Conditions of Approval. If the driveways chan
ings change or are not within staffs comfort level, changes would be brou
for review.
Cole noted consensus as follows;
Condition 66 with the added language that we provide notice to
owners and that the decision of the City Traffic Engineer and Planr
are appealable to the Commission. The Planning Commission agreed.
parking issues - consensus was met.
:r on Crab Cooker side, full height glass on balcony level - consensus as
condition.
in Arcade Street - Condition 51 covers this; consensus to include won
g poor performance pursuant to the PMP will be further reviewed by
put on disclosure language - subject to City Attorney approval referenced
mdition 64. There was consensus to add content and change "lease' to "dee
id provide notice at time purchase contract is executed. Noticing will be done
thin 300 feet. Discussion continued.
iscaping issues - Commissioner Hawkins noted it should not restrict the vii
dor. Staff suggested memorializing the view corridor as presented by t
icant tonight including specifics. The consensus was that landscape plan is
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Planning Commission Minutes 11/16/2006 Page 14 of 19
be reviewed by staff and incorporated within the easement referenced in Condition
11.
w corridor - reducing the walkways down to 6 feet to allow an additional 4
the right hand side of the slipway. There was consensus to require this.
- joint ingress and egress on the south side of the property instead of just
Henn noted he prefers one -way egress.
>mmissioner Toerge noted the restriction of left hand turn into the cut
ration. The only way someone coming down the peninsula can access this
to drive down 22nd Street and make a U -turn.
stant City Attorney Harp added that there is a no parking area in the
t of way and ultimately a decision will have to be made whether to allow
and possibly increase parking there. Referencing the site plan, this
identified.
r. Edmonston added that the City Council can make the decision if that could
i entry area, or if the overall benefit would suggest having additional parking.
;cussion continued on Encroachment Permit requirement, limited parking in
:a, entry way access point, no loss of parking in the public right -of way, surd
parking on site, access to water benefit, aesthetics of the arcade area,
ety. Consensus was to keep as proposed on the current plan.
front walkway issue - Mr. McKently, architect for the project, noted that
Id make the sidewalk wider, 8 feet for sidewalk with 2 feet for landscape.
noted this would be an aesthetic call for the Planning Commission. 8
; well. 2 feet can work for landscaping.
owing discussion, the consensus was for the wider walkway at 8 feet with
for landscaping along the bay. The walkway will be widened on the side
bridge to 6 feet for pedestrian access.
wells in the deck going down into the subterranean parking - Mr. McKently
tact for the project, noted there are two concerns: they might lose stalls an(
are taking landscaping from the top and moving it below. There are some
;s where this can be done and not affect the parking count. We are open tc
attenuation - needs to be done throughout the project site. This
ad in Condition 61. Commissioners agreed.
Campbell noted Condition 14 should reflect the standards in the
a; 45 dBA for interior noise and 60 dBA for exterior noise.
19 - Used drop off people at the shops. The height needs to be tempered
overnight parking. The bridge height is 4 112 feet above the dock. No m
I used by Duffy boats and gondoliers only.
Campbell noted that the dredged depth in the slip will be shallow, roughly
At low tide you may be able to park a Duffy and nothing else. You are n
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Planning Commission Minutes 11/16/2006
going to be able to get a large boat in there.
I discussion, it was decided that Slip 19 be used for two -hour berthing
4 feet above the deck.
Campbell added a condition that the garages be unobstructed and used
ing only with no storage. There are at least 8 to 10 more conditions
:her 8 -10 being amended. He does not have the language for all of these
jested that these be brought back at the next meeting for review if
emission would like.
Cole noted that would be acceptable.
Anabar of ETCO noted that they are in agreement with all of the
>. Temple noted that a condition needs to be added that the public access ne
be signed from all public right -of -way entries. The proponent agreed to that.
was made by Commissioner Peotter and seconded by Commis
s to approve Use Permit No. 2001 -038, Site Plan Review No. 2001
t Beach Tract Map No. 2004 -003 and certification of the Environn
Report as presented tonight subject to all the findings and cond
3 those to be affirmed by the Commission at the next meeting.
nmissioner Toerge noted the accommodations requested in the application
complexity of the project. He noted he would not be in support of the pre
to the abrupt scale of the box -like structures, poor parking distribution fo .
imercial uses and lack of a secondary ingress /egress point at 22nd Street.
irperson Cole noted that the applicant has addressed the major concerns
Commission; this is a type of project that meets the intent of the McFadd
are Specific Plan for a mixed -use development; we had very little put
Toerge
None
BJECT: Thirty First Street, LLC (PA200E
407, 409, 411 & 413 31 st Street
Permit to establish a height limit of 31 -feet, exceeding the base height limit
eet, for the construction of four mixed -use buildings and approval of
mercial floor area ratio (FAR) less than the minimum 0.25 FAR required 1
;d -use development projects. In addition, the applicant is requesting t
oval of a Modification Permit to allow parking spaces to encroach within t
t and rear setbacks and a lot line adjustment to adjust the interior prope
s of four lots into four equally -sized parcels.
Temple reported that this item is to be continued to December 7, 2006.
was made by Commissioner Hawkins and seconded by
None
None
PA2006 -031
Continued to
12/07/2006
Page 15 of 19
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Planning Commission Minutes 11/16/2006 Page 16 of 19
SUBJECT: 500 -540 SupeioCAveer (PA2006 -113) ITEM
6-0113
Use Permit to allow the conversion of 97,000 square feet of research and Continue to
ielopment (R &D) /general office use to medical office use. The project includes 12/07/2006
demolition of one of the existing buildings and the construction of an additional
king structure that exceeds the maximum building bulk limitation for the site.
ditionally, approval of a Traffic Study is being requested pursuant to the City o
wport Beach Traffic Phasing Ordinance (TPO).
Temple reported that this item is to be continued to December 7, 2006.
was made by Commissioner Hawkins and seconded by
el to continue this item to December 7, 2006.
None
None
Code Amendment 2006 -007 (PA2006 -211) ITEM No. 6
Day Care Regulations I PA2006 -211
ould Title 20 (Zoning Code) of the Newport Beach Municipal Code be amendedRecommende
revise the land use regulations to distinguish day care centers for children andl approval
)se for adults and establish spacing, concentration, and operational standards?
Jerson Cole noted that this item would be heard first as a member of
has requested.
ssioner Henn noted he would abstain from discussion and vote on
as he had not participated in the initial meeting on this subject.
Alford, Senior Planner, gave an overview of the staff report noting
This item had been heard at the public hearing on October 19th.
This is a set of regulations dealing with large family child care homes and
intended to allow the City to avail itself of the land use controls permitt,
under State Law.
Staff was directed to return with this item with an off - street parking standa
which in our report deals with the standards in the Institute
Transportation Engineers publication Parking Generation a
representative standards for parking from other communities.
The staff report includes a recommendation that the off street park
standard be set as two off - street parking spaces and a drop -off and pick
area approved by the City's Traffic Engineer and that a driveway could
used for this purpose. This is in addition to any required off - street park
for the actual dwelling unit on the property.
comment was opened.
Garrett, local resident, noted:
He lives next to a day care center.
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Planning Commission Minutes 11/16/2006 Page 17 of 19
I. Concerned with lighting with flood lights in a residential area.
Concerned also with the noise and traffic issues related to this use as well.
He asked that something be added to the current Municipal Code
regards to lighting in a residential neighborhood.
Commission inquiry, he added:
Pick -up and drop -off occur at a red - painted curb in front and
there are cars waiting in line.
We have 3 -foot setbacks.
At times he has to use ear protection in order to rest during the day because
it is so loud with the children playing outside in the front yard.
The front yard is fenced.
blic comment was closed.
. Alford noted that there are no current standards for residential lighting and it is
re of a common standard regarding shielding direction away for commercial
:as. State preemptions limit us to controls dealing with issues of concentration
i spacing, traffic, parking and noise. Effects of light impacts may not fall within
se categories. Our noise control standard would limit the overall operation to
hours between the hours of 6 a.m. and 8 p.m. and outdoor activities between
hours of 7 a.m. and 7 p.m., so this might provide some relief from the lighting.
suggested that this issue be addressed in a general standard for residential
:a dealing with light and glare.
Temple added that perhaps the designation for outdoor lighting of swir
s and tennis courts might be applicable. She noted that the State preer
restrict this application and staff will, therefore, work with the City Atto
e and present findings at the Council meeting, if the Commission wishes.
Alford added that the proposed standards have added language that the
igs be essentially residential in character. The care provider residen
ndard states that this use is clearly residential in use and character a
idental and secondary to the use of the property as a residence. The Zoni
-ninistrator, in reviewing these future use permits, can use this as a way
strolling lighting and some other types of activities that might deviate from
idential character of the area.
Commission request, Ms. Temple read Section 20.60.050 entitled
hting.
Peotter asked about the employee parking.
Alford noted the survey was taken on a number of day care facilities
erent settings and are not the small ones in residential neighborhoods and t'.
y are the larger commercial facilities as the number of children indicates, w
average of 85. He noted there are no set staffing requirements and can oper
i a single care provider. It would be problematic to try and enforce a stand;
t could change over time by adding /removing employees, adding /removing
nber of children.
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Planning Commission Minutes 11/16/2006
Discussion continued on review processes.
Chairperson Cole noted we could recommend approval of this item to the City
Council and request that staff add additional language regarding lighting
restrictions.
Commissioner Hawkins noted that perhaps another standard relating to residential
lighting needs to be inserted in the Code. The staff report needs to include this
consideration.
Assistant City Attorney Harp noted his agreement that there may be general
standards in the code that need to be altered and that general regulations tha
apply.
Motion made by Commissioner Hawkins and seconded by Commissioner
McDaniel to recommend approval to the City Council by adopting the resolution
and staff is directed to do further research regarding residential lighting for these
and all residential facilities.
Ayes:
Eaton, Peotter, Hawkins, Cole, McDaniel and Toerge
Noes:
None
Abstain:
Henn
ADDITIONAL BUSINESS:
ADDITIONAL
BUSINESS
a. City Council Follow -up - Ms. Temple noted the City Council considered an
approved the Marine Charter Land Use Parking Regulations; the Group
Residential Facilities Code Amendment; continued the Big Canyon Country
Club General Plan Amendment until January 9th at the request of the
applicant as there was concern over the pending EIR litigation and the
appeal for Our Lady Queen of Angels expansion was denied.
b. Report from Planning Commission's representative to the Economic
Development Committee - no report.
Report from the Planning Commission's representative to the Local Coasta
Committee - no meeting.
d. Matters which a Planning Commissioner would like Staff to report on at
subsequent meeting - Commissioner Peotter would like to see the
meetings organized better and suggested that there be an annual Zone
Code clean -up. Discussion ensued and this item will be brought back in
January.
e. Matters which a Planning Commissioner may wish to place on a future
agenda for action and staff report - none.
f. Project status - none.
g. Requests for excused absences - Commissioner Henn has been elected t
the City Council, therefore, this is his last meeting he will be attending.
Following a brief discussion, it was decided to start the next meeting a
5:00 p.m.
ADJOURNMENT: 11:15 p.m.
JADJOURNMENT
Page 18 of 19
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Planning Commission Minutes 11/16/2006 Page 19 of 19
ROBERT HAWKINS, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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