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HomeMy WebLinkAbout20190307_PC Minutes NEWPORT 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