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HomeMy WebLinkAbout03/07/2019 - Planning CommissionNEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE THURSDAY, MARCH 7, 2019 REGULAR MEETING — 6:30 P.M. I. CALL TO ORDER — The meeting was called to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE — Secretary Lowrey III. ROLL CALL PRESENT: Vice Chair Erik Weigand, Secretary Lee Lowrey, Commissioner Lauren Kleiman, Commissioner Peter Koetting ABSENT: Chair Peter Zak, Commissioner Curtis Ellmore, Commissioner Kory Kramer Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, Senior Engineer David Keely, Assistant Planner Melinda Whelan, Administrative Support Specialist Tiffany Lippman IV. PUBLIC COMMENTS None V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS Commissioner Koetting requested Item Number 3 be removed from the Consent Calendar for discussion. ITEM NO. 1 MINUTES OF JANUARY 17, 2019 Recommended Action: Approve and file ITEM NO. 2 MINUTES OF FEBRUARY 21, 2019 Recommended Action: Approve and file A Motion was made by Secretary Lowrey and seconded by Commissioner Koetting to approve the minutes of the January 17, 2019, and February 21, 2019, meetings with the revisions suggested by Mr. Mosher. AYES: Weigand, Lowrey, Koetting NOES: None ABSTAIN: Kleiman ABSENT: Zak, Ellmore, Kramer ITEM NO. 3 Policy L-6 Waiver for Encroachment Permit (PA2019-013) Site Location: 3100 Breakers Drive Summary: A request to waive City Council Policy L-6 to install private improvements within the Ocean Boulevard/CdM Main Beach Ramp public right-of-way consisting of nine (9) sets of permanent structural tie -backs in the slope below existing grade. Recommended Action: 1. Conduct a public hearing; 1 of 4 NEWPORT BEACH PLANNING COMMISSION 3/7/2019 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures), because it has no potential to have a significant effect on the environment; 3. Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to allow the construction of nine sets of permanent below -grade structural tie -backs that encroach into the Ocean Boulevard/CdM Main Beach Ramp public right-of-way, contingent upon all conditions of the Encroachment Permit process being met; and 4. Adopt Resolution No. PC2019-007 waiving City Council Policy L-6 and approving Encroachment Permit No. N2017-0642. Senior Engineer David Keely from the Public Works Department reported the applicant requests a waiver of Council Policy L-6 to install nine sets of tie -backs with each set consisting of four tie -backs. The tie -backs will be entirely below grade, will not project past the curb face, and will encroach between 12 and 33 feet into the public right-of-way. At street grade, the minimum depth of the tie -backs will be 52 feet. The tie -backs will not impact existing or future utilities in the area. Staff received a comment letter regarding the project designer not holding an architect's license issued by the State of California. The design firm has a licensed architect on staff, and he is working on the project. Therefore, staff believes the comment is not an issue. Vice Chair Weigand noted the item before the Commission was not the project but the tie -backs encroaching into the right-of-way. In response to Commissioner Koetting's queries, applicant Geoff Sumich explained that holes will be drilled diagonally into the hillside, and rods and concrete will be inserted into the holes to form the tie -back. Tie -backs are the most efficient and strongest method to support a retaining wall structure. Vice Chair Weigand opened the public hearing. Mr. Mosher inquired whether the hillside needs stabilizing or whether construction of the project creates the need to stabilize the hillside. He inquired whether the tie -backs will encroach 33 feet or 50 feet into the right-of-way. He inquired about the consequences of removing the tie -backs from the right-of-way in the future. Senior Engineer Keely advised that 33 feet is based on the structural engineer's diagrams included in the packet. The tie -backs will reinforce the hillside and roadway above the project. Vice Chair Weigand closed the public hearing. In reply to Commissioners' questions, Senior Engineer Keely indicated the project will require shoring to protect the adjacent properties and the hillside during construction. The roadway will be open during construction. The drilling process will not destabilize the roadway. A Motion was made by Commissioner Koetting and seconded by Secretary Lowrey to take the recommended actions. AYES: Weigand, Lowrey, Kleiman, Koetting NOES: None ABSTAIN: None ABSENT: Zak, Ellmore, Kramer VII. NEW BUSINESS ITEM NO.4 Annual General Plan/Housing Element Progress Report for 2018 (PA2007-195) Summary: Annual progress report on the status and implementation of the General Plan and Housing Element as required by State law and General Plan Implementation Program 1.3. 2 of 4 NEWPORT BEACH PLANNING COMMISSION 3/7/2019 Recommended Action: 1. Find the preparation, review and submission of the 2018 General Plan Status Report not subject to the California Environmental Quality Act (CEQA) as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; 2. Review and comment on the 2018 General Plan Status Report, including the Housing Element Annual Progress Report; and 3. Recommend_ the City Council review and authorize the submittal of the 2018 General Plan Status Report to the California Office of Planning and Research and the submittal of the Housing Element Annual Progress Report to the State Department of Housing and Community Development. Assistant Planner Melinda Whelan reported State law requires the City to report ongoing efforts to implement its General Plan. The 2018 General Plan Progress Report (Report) includes ongoing tasks and long-term coordination between local, regional, and State agencies. The City Council will review the Report, and staff will forward it to the Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD) on or before April 1. New State laws require the use of new forms and the reporting of additional housing data. The new reports are protected and too complex to print in a legible form; therefore, staff provided the full forms through a link in the staff report and one copy that is difficult to read is here if anyone would like to see it. Table A provides the number of housing development applications submitted in 2018. Accessory dwelling units (ADU) are tracked separately and per HCD can be counted towards requirements for lower-income housing if the applicant provides intent use of the unit for the appropriate income level. Table A2 provides the number of net new units permitted. The majority of net new units were provided in the Uptown Newport project. While the Uptown Newport project received building permits in 2017, net new units were not reported in 2017. HCD staff advised City staff to count the Uptown Newport net new units in 2018. Table B provides the City's progress towards meeting its Regional Housing Needs Allocation (RHNA) of five units. In 2018, 93 very -low-income units and 405 above -moderate -income units were permitted. Phase I construction of the Uptown Newport project is underway, and completion is expected by the end of March. Construction of The Cove, also known as the Newport Veterans Project was completed in 2018, and all units have been leased. The Senior Housing Assistance Repair Program (SHARP) continues and benefited nine households in 2018. The Newport Crossings project includes 78 units for low-income households. Deputy Community Development Director Jim Campbell advised that the City Council has initiated the General Plan Update process. The General Plan is available on the City website. Table LU2 does not reflect transfers adopted by the City Council, but an updated Table LU2 will be available on March 20, 2019. In response to the Commission's questions, Deputy Community Development Director Campbell related that there are various types of housing that can be counted towards RHNA. Staff anticipates receiving an estimated RHNA number in early 2020 and a final number in October 2020. Staff expects the new RHNA number will be much larger than five. Assistant Planner Whelan explained that under the commercial density bonus a developer can receive additional density in exchange for rezoning a parcel from commercial to residential. Commissioners reported no ex parte communications. Jim Mosher requested the consequences of the City not providing housing in the low-income and moderate - income categories for RHNA; the status of an appeal of the Newport Crossings project; and the provisions of the General Plan that do not comply with State requirements. Deputy Community Development Director Campbell reported the City will not suffer any consequences for not providing low-income and moderate -income housing in the current cycle. The Safety Element needs updates pertaining to wildland fire, flooding, and climate change. The next General Plan will comply with State laws, guidelines issued in 2017, and the desires of the community. An appeal of the Newport Crossings project has also been filed. In response to inquiries from the Commission, Deputy Community Development Director Campbell reported excess units in one income category cannot be applied to another income category. Staff anticipates low-income and moderate -income units will be provided possibly through ADUs. An application for a project at Banning Ranch is not pending. Assistant Planner Whelan added that typographical errors within the report will be corrected. 3 of 4 NEWPORT BEACH PLANNING COMMISSION VIII. IX. 3/7/2019 A Motion was made by Commissioner Koetting and seconded by Commissioner Kleiman to take the recommended actions. AYES: Weigand, Lowrey, Kleiman, Koetting NOES: None ABSTAIN: None ABSENT: Zak, Ellmore, Kramer STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION None ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. Community Development Director Jurjis reported the General Plan Update Steering Committee, which is working on a Request for Proposals (RFP) for a consultant to facilitate the Listen and Learn process, held its second meeting on March 6, 2019. The next meeting is scheduled for March 20, 2019. On March 12, 2019, the City Council will appoint two additional members to the Steering Committee. The Federal Emergency Management Agency (FEMA) has released new flood maps, which affects approximately 1,800 properties on the Balboa Peninsula and harbor. Staff has invited FEMA to attend a community meeting on March 14, 2019. The Council heard an appeal of the Planning Commission's denial of a use permit for E Art Gallery and requested the Planning Commission rehear the item with new evidence presented during the Council hearing. The item will be presented to the Planning Commission on March 21, 2019. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES Commissioner Koetting indicated he will not be available for a Planning Commission meeting on March 21, 2019. ADJOURNMENT — 7:08 p.m. The agenda for the March 7, 2019, Planning Commission meeting was posted on Friday, March 1, 2019, at 1:50 p.m. in the Ch bers binder, on the digital display board located inside the vestibule of the Council Chambers at 00 Civic Center Drive, and on the City's website on Friday, March 1, 2019, at 1:35 p.m. Lee r o a ckot l 2 .o.x.. 4 of 4