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HomeMy WebLinkAboutExhibit 2Exhibit #2 Excerpt of meeting minutes from August 14, 2007 City Council hearing 0 City of Newport Beach City Council Minutes August 14, 2007 Professional and Technical account 0510 -8080. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Daigle, Council Member Gardner Absent: Council Member Webb XIV. PUBLIC HEARING 18. AERIE (PA2005 -198) - 201-W5 & 207 CARNATION AVENUE AND 101 BAYSIDE PLACE - THE PROJECT CONSISTS OF THE DEMOLITION OF AN EXISTING 14- UNIT APARTMENT BUILDING AND SINGLE FAMILY RESIDENCE AND THE CONSTRUCTION OF A NEW, 9 -UNIT RESIDENTIAL CONDOMINIUM BUILDING. 1100 -2007] Senior Planner Campbell utilized a PowerPoint presentation to display photos of the 1.4 acre site. He explained that the existing 12 unit apartment complex and single famdl* dwelling will be demolished to make way for a nine unit condominium complex. He discussed the applications for the General Plan, Coastal Land Use Plan (CLUP), Zoning Amendments, tract map, and modification permit. He stated that the Planning Commission dealt with the issues of public access and public views which are protected by policies, such as the Predominant Line of Existing Development ( PLOED). He explained that the PLOED is more specific and restrictive than General Plan policies and the methodology used to determined PLOED was calculated by taking a representative block of homes and determining the median of the distance to a reference point. In response to Mayor Rosans>',y's question, Senior Planner Campbell stated that a resident has the right to build to the PLOED which does not automatically override the CLUP. In response to Council concerns, Senior Planner Campbell stated that the six policies in the CLUP that are related to this project can be reviewed in the Planning Commission's April 5th staff report. In response to Council Member Gardner 's question, Assistant City Manager Wood stated that the expectation of the CLUP was to conform to the General Plan in regard to land uses more so than in the protection of coastal resources. In response to Council Member Daigle's questions, Senior Planner Campbell stated that Ocean Boulevard has a height limitation and Carnation does not. He also stated that the Planning Commission considered the area to have two separate bluffs. In response to Council Member Henn'e question, Senior Planner Campbell stated that, even if Channel Reef was included, it will only move the PLOED down one foot. City Attorney Clauson stated that it is their interpretation that the applicant has a right to develop to the PLOED but they do not have the right to establish where the PLOED is, only the City has that right. She noted that other policies can be considered and modified to lessen the impact on the bluff. Senior Planner Campbell reported that the project includes two parking lifts that will take the cars down to three subterranean parking levels, construction management for the moving of 32,000 yards of soil, and traffic flow for concrete trucks and dirt haulers. He stated that there is a mitigation standard as part of the conditions of approval that requires a detailed construction management plan to minimize construction disruption. He discussed the environmental document and the comment letters that the City has received. Volume 58 - Page 247 q5 City of Newport Beach City Council Minutes August 14, 2007 In response to Council Member Curry's questions, City Attorney Clauson stated that she has not had the opportunity to fully review the Mitigated Negative Declaration GAND)fbr this project. Senior Planner Campbell stated that the declaration has been available for review forabout 32 days and two drafts were given to the Planning Commission.The document was revised again to include that theapplicantagreed to not buildbeyond the PLOED. In response to Council Member Henn s questions, Senior Planner Campbell stated that the Planning Commission found a reasonable line between the two bluffs and the applicant left the bluff more intact to lessen the impact. In response to Council Member Daigle's questions, Senior Planner Campbell displayed the plane and topography of the units. He stated that there are two ways to get down to the beach and each level is pulled further away from the water. He noted that the project includes elevators and other amenities. In response to Mayor Rosansky's questions, Senior Planner Campbell stated that, as a part of the conditions of approval, the project will include a signaling mechanism to know which elevator to pull in front of Further the two elevator lifts will rest at street level when not in use. The street level parking lot will hold three guest spaces, and residents will have to let guests inside. He agreed that it is not the most efficient and convenient parking arrangement. City Attorney Clauson clarified that elevator access for vehicles in Newport Beach have currently only been for single family residences. Senior Planner Campbell utilized elides to describe each floor and stated that the new building will be ten feet higher than the existing building but is still consistent with the height limits. City Attorney Clauson reported that the City can't take action on the issue tonight' because there is no determination on whether if there is an approvable MND at this time. She explained why her office did not have an opportunity to respond or look at the comments that were raised before the public hearing. In response to Mayor Rosansky's concerns, Senior Planner Campbell stated that staffs PLOED recommendation is 50.7 feet in order to protect public views. He assured Council that the project is consistent with minimizing the impact to public coastal views if it is built within the PLOED. City Attorney Clauson stated that Council will first need to determine the PWED and then look at other policies to minimize the impact. She stated that it is up to Council to determine if they want to give guidance at this time, but she's not in the position to advise Council on the MND. In response to Council questions, Senior Planer Campbell stated that staff is asking for guidance from Council to help decidethe PLOED for this project. Mayor Pro Tern Selich believed that the PLOED should be used as a factor along with other factors, and should not dominate the approval. City Attorney Clauson stated that an ideal situation is that the PLOED is determined prior to designing projects. She added that Council is free to determine the PLOED. In response to Council Member Curry's question, Senior Planner Campbell stated that the applicant made adjustments to protect and preserve the bluff. He reported that there is no Volume 58 - Page 848 tN City of Newport Beach City Council Minutes August 14, 2007 set calculation to determine the PLOED and the Planning Commission did look at the Maclntosh house on Ocean Boulevard to help determine the PLOED. Rick Julian, applicant, stated that he has been working on the project for over four and a half years, changed the project to not go down as far on the bluff, created a 50% increase in view on the corner of Ocean Boulevard and Carnation Avenue, kept a large portion of the project at single height to maintain residential views, and windows were limited on the south side for the neighbor's privacy. He reported that the actual building footprint is only 1,400 sq. feet larger than the existing building, the project can accommodate 32 cars, two golf carts and three extra public spaces on Carnation, and the building is state -of-the -art for environmental purposes. He believed that benefits include public views, increased City tax rolls, and reduced traffic by going from 12 to nine units. He extended an invitation to residents to come to him with concerns. He stated that on May 17, six Planning Commissioners voted and found that the AERIE Project was in full conformance with the CLUP and recommended that Council approve the project. He added that he has continued to listen to the residents and has proposed to move the project back even more to please the neighbors. Brion Jeannette, project architect, utilized a PowerPoint presentation. He discussed his solution and showed the aerial view of thepropoeed building outline, public view from Carnation and Ocean Boulevard, categorical exclusion zone, setbacks, shore cliffs, and photos of the bluffs since 1908. He stated that each unit will be approximately 5,000 square feet and, of the 32 parking spaces, only 18 are serviced by the elevators which have an automated parking system with lights and signals. He reported that the Planning Commission approved the original plan but the applicant moved the building back nine feet, which is substantially less than what the current code allows. In response to Mayor Pro Tem Selich's questions, Mr. Jeannette stated that the AERIE project can be taken to the Coastal Commission for their review, but they would not want access to the beach from this site because it is dangerous. Council Member Gardner believed that the project is not living up to the CLUP and General Plan_ She suggested that Council not approve this project because Ocean Boulevard should not be included when determining the PLOED. Motion by Council Member Cu. ry to continue the item. Marco Gonzalez, attorney from Coast Law Group, displayed a PowerPoint presentation to show CEQA fundamentals that need to be considered. He talked about the Coastal Act Fundamentals that included rules from statute and case law. He believed that the MND violates CEQA and that the Coastal Commission will not approve this development. Tim Peons, counsel for the applicant, stated that they will provide communication on the issues assuming there is a continuance. Bud Rasner stated that he lives within 100 feet of the project and supports it. He commended the Planning Commission on their due diligence. He believed that approving the application is necessary and will not adversely affect public welfare. Rose Billings believed that the AERIE project is a bit much. Jeff Beck believed that the Planning Commission overlooked the horizontal and vertical lines of development and that the project is in violation of PLOED. Mr. Mahadi stated that the bluff has to be protected. He feels that things can go wrong Volume 58 - Page 249 q1 City of Newport Beach City Council Minutes August 14, 2007 during the excavation and hopes that Council limits the amount of building on the bluff. Bill Varon stated that he supports the AERIE project because he doesn't want to see another building that would take away every square inch of dirt and air. He stated that he appreciated that the project will open up views. Kent Moore expressed support for the project and took issue with some of the tactics that neighbors are taking. He believed that this project will end up being one of the most magnificent and admired projects in the City. Richard Casper expressed concern with the welfare of the community and believed that more attention should he spent on the infrastructure of Newport Beach and not on building projects. John Martin stated that, while reading through the MND, he came up with 31 items he felt were potentially significant impacts and expressed support for the direction Council is taking. He believed that the destruction of the natural slope is being overlooked and recommended that Council require an environmental impact report. He expressed concern for cave -ins while grading. He believed that the parking plan is not convenient, the streets will be impacted, and more examination and information is needed before approving the project. Doug Snyder expressed support for the project and believed it meets all of the zoning codes. Brian Boyle commended the project and believed that it adds to the community. Francois Badeau commended Mr. Julian for meeting with the residents to ask for their input and believed that the area will be much nicer than it is now. Dick Huneaker expressed support for the project and didn't believe that the construction will be burdensome. John Cummings expressed support forthe project and believed that it is well thought out. Rob Piatti stated that the PLOED can cause a greater bluff lose and believed the project is out of scale for the area. He added that the two to four years of construction will impact the neighborhood which already has traffic problems. Further, parking is already a concern and the project will only add to the problem. Marilyn Beck expressed opposition to the project because it is massive for the neighborhood. Dolores Otting stated that, if the Planning Commission meetings were an the web or televised, the project would not continuously be postponed. She noted that EQAC did not have the opportunity to comment on the last MND. She explained EQAC's role in the PLOED and stated that the minutes and the report of the Planning Commission meeting differ. She emphasized that the PLOED needs to be established. Ann Donahue Lampton believed that Mr. Julian has addressed the issues in the neighborhood, but her concern is the height of the project because it will obstruct the views of residents on Ocean Boulevard. Dr. Jan Vandersloot expressed opposition to the project because it is inconsistent with the Coastal Act, CLUP and General Plan. He believed that the Coastal Commission will not approve the project because the applicant wants to go up in height and down on the bluff. Volume 88 - Page 280 `t City of Newport Beach City Council Minutes August 14, 2007 He encouraged Council to define the PLOED to be 52 feet above sea level. He hoped that Council will pay attention to the coastal bluff; public views, and public acoess. Dick Nichols stated that the project will enhance the views and that homes are being built on the bluff in other areas. He emphasized that Mr. Julian has compromised and worked with the neighbors. David Kovac expressed the opinion that the PLOED should have been determined prior to the design of the project. Mayor Pro Tem Selich stated that the Implementation Committee on the LCP will be recommending that the PLOED be determined on all properties and believed that direction should be given to Mr. Julian prior to sending the project back to the Plamung Commission. He believed that the PLOED is the maximum limit of where to build and the other policies in the CLUP and General Plan take precedence over the PLOED. Further, the structure is not in scale with the neighborhood and the project excessively alters the bluff. He indicated that he will accept the City Attorney's and ataffs interpretation regarding the PLOED at this time. He stated that he wants any new structure to stay within the footprint of the existing height limits. He asked that the applicant come back with a structure that is reasonable within the scale of the existing development, and does not result in an excessive alteration to the bluff. Council Member Curry agreed with Mayor Pro Tem Selich, but believed that the project should be continued to allow the applicant time to change some of the design elements and bring them back to Council. He believed that the MacIntosh residence is the logical reference point to establish the PLOED for this project: however, he feels that Council owes the applicant a definitive position on the PLOED. Council Member Henn stated that if there is a lower height at the top of the project to allow for more viewings, the project should be allowed to use more of the bluff However, this project wants to go higher in height and lower on the bluff He recommended setting the PLOED at a higher limit. Council Member Daigle stated that there are adopted policies on visual quality and scale, and feels that Council should uphold the policies. She agreed that the project should be taken back to the Planning Commission because it's too far down the bluff. Mayor Rcsansky stated that he would like to send the project back to the Planning Commission, keep the staff recommended PLOED, and exclude Ocean Boulevard from the calculations. Amended motion by Council Member Curry to include Mayor Rosansky's suggestion of accepting the staff recommended PLOED, excluding the Ocean Boulevard property. Mr. Peons stated that, if the PLOED were 52 feet the existing structure couldn't be rebuilt. He reminded Council that the projectia a multi- family site not just a single family dwelling. Council Member Henn believed that it is punitive if the project's PLOED is 50 feet and that Mr. Julian is giving up his height allotment. Council Member Gardner stated that she agrees that there should not be a decision tonight_ She invited the applicant to come back with changes. Mayor Pro Tem Selich stated that Council should give the Planning Commissions PLOED Volume 58 - Page 251 ql\ City of Newport Beach City Council Minutes August 14, 2007 of 60.7 feet for the applicant to build around. Council Member Curry withdrew his notion. Mr. Jeannette reported that the street climbs to the north and indicated that he would liketo meet with staff and bring the issue back to Council. He stated that he understands that the bluff needs to be protected. Ai2tion by Councll_ltember Daigle to send this issue back to the Planning Commission with the direction to utilize the staff recommended PLOED of 60.7 feet. The motion earned by the fallowing roll call vote: Ayes: Mayor Pro Tem. Selich, Mayor Rosansky, Council Member Daigle, Council Member Gardner Noes: Council Member Henn, Council Member Curry Absent: Council Member Webb XV. FNDLIC COMMENTS In response to Dolores Ottings questions, Mayor Rosansky stated that the City Attorney hires outside counsel and trial dates are set by a judge- City Attorney Clausen explained that she is required by the Brown Act to show that they are discussing issues regarding litigation. Dolores Otting reported that she fell on Spyglass Hill Road and wished that the area were cleaned properly. XVI. ORAL REPORTS FROM CITY.COUNCIL ON COMMITTEE ACTIVITIES - None XVII. PLANNING CQMI4IISSION AGENDA AND ORAL STATUS REPORT. 17. PLANNING COMMISSION AGENDA FOR AUGUST 9, 2007. 1100 -20071 Planning Commission Director Lepo reported on the following items: Pacific View Memorial Park (PA2006 -282); Knight Appeal (PA2007 -137) - 312 Hazel Drive; Arco Gas Station Convenience Store (PA2007 -069) - 2100 Bristol Street, Screening of Mechanical Equipment(Code Amendment No. 2007 -004)(PA2007 -066) XVIII. CONTINUED BUSINESS 1& APPROVAL OF TEN YEAR AGREEMENT WITH CR&R INC. TO PROVIDE FULLY AUTOMATED RESIDENTIAL REFUSE COLLECTION SERVICES IN NEWPORT COAST. 1100.20071 General Services Director Harmon stated that the agreement with CR&R has been completed and they will begin servicing Newport Coast an October 1, 2007. He pointed out the changes to the agreement and informed Council that they received the most recent agreement tonight. He reported that the payment to the contractor will be based on the Consumer Price Index (CPI) which holds a cap of 3% per year. In response to Council Member Henr'e questions, City Attorney Clauson stated that the contract will be amended to include that, on an annual basis, the increase is to be applied to that year. She confirmed that the example in the agreement is wrong and will lead to wrong conclusions- In response to Mayor Pro Tem Selich's questions, General Services Director Harmon Volume 68 -Page 262 5b