HomeMy WebLinkAbout20200428_CC_MinutesCity of Newport Beach
Regular Meeting
April 28, 2020
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR -None
XVI. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Scott Carpenter commended Council on its beach closure vote and indicated that the projected
occupancy rate for short-term lodging in Newport Beach is 14% through May 15.
An unidentified speaker inquired about the date the Balboa Island boardwalk will reopen and expressed
concerns about the dangers of pedestrians walking in the streets due to the related closure.
Charles Klohe believed the audio and video quality of last week's Council meeting were better than
tonight's, noted the School Board has not yet considered the Ensign Intermediate School project, and
stated that the link to public correspondence for Item 9 on the City's website is broken.
XVII. PUBLIC HEARINGS
9. Resolution No. 2020-33: Appeal of Planning Commission Approval for The Garden Office
and Parking Structure Proposed at 215 Riverside Avenue (PA2019-023) (Continued from
the March 24, 2020 City Council Meeting) [100-2020]
Community Development Director Jurjis referenced a presentation and detailed the vicinity map,
project plans, Planning Commission approval and conditions, reasons for appeal, public notice and
traffic analysis, geotechnical feasibility, use of a photometric study to determine lighting impacts,
compliance with Municipal Code standards for noise and the General Plan, California
Environmental Quality Act (CEQA) Class 32 Exemption and piecemealing, noted there would be no
impacts to the oak tree on Cliff Drive , discussed proposed modifications to Conditions of Approval
Nos. 61 (additional trellis), 62 (lighting turn-off time), and 63 (roof deck closure time), and the
addition of Conditions of Approval Nos . 65 (City Arborist review of plans) and 66 (arborist
observance of construction), reviewed staff recommendations, and noted that the revised conditions
of approval were distributed .
In response to Council Member questions, Community Development Director Jurjis indicated the
parking structure in the project at Dover Drive and Pacific Coast Highway is covered, discussed a
10:00 p.m . closing time for the structure, noted the difficulty in enforcing a motorcycle prohibition,
reporte d that a noise study found no additional mitigation measures or conditions are needed for
the upper deck, and confirmed that the project complies with land use , zoning, and design
require ments.
Scott Laidlaw , architect and Applicant, advised that the propose d plan conforms to the General Plan
and stated that the existing 8 ,000-square-foot commercial building will be r e duced in size to 2 ,750
square feet.. He utilize d a presentation to display a rendering of the project, landscaping
enhance ments , and existing and proposed views of the site and of the existing oak tree lo cation.
Susan Hori, co unse l for Applicant, reviewed community outreach, note d a 50-page CEQA analysis
and an arborist report were provided , disc ussed inaccuracies therein, confirmed that the project will
not imp act the wetland or the existing oak tree, and indicate d the proj ect would not have any
significant impacts to traffic, noise, air or water quality.
In response to Mayor Pro Tern Avery's questions , Mr. Laidlaw state d that the new building will have
20 parking s paces on the lower leve l and 20 on the uppe r level to accommodate the rear trellis.
Ms. Hori a dded that the parking structure will b e available to other e ntities through private
arrangeme nts.
Aaron Ehrlich, Appellants' counsel, utilized a presentation to display where the four Appellants
reside in relation to the project and discusse d their request to have the proj ect reduced so it is
consistent with the surrounding area.
Volume 64 -Page 374
City of Newport Beach
Regular Meeting
April 28, 2020
Due to technical difficulties, Mayor O'Neill recessed the meeting at 8:54 p.m. and
reconvened at 8:56 p.m. with all members of the City Council in attendance.
Mr. Ehrlich continued his presentation, stating both the Applicant's projects are related and should
be considered at the same time, discussed issues with the consistency of the Coastal Deve lopment
Permit, state d reasons the project requires discretionary approval, a conditional use permit, and
conditions of approval, and reported on requirements contained in the Appellants' easeme nt if
further CEQA review do es not occur. He further presented non-negotiable starting points for
additional conditions of approval, including erecting solid walls with no voids for the portions of the
project that back up to the Appellants' homes, installing a roof or complete covering over the upper
level of the structure, deve loping a n appropriate aesthetic de s ign that addresses light, noise and
glare if the covering is other than a conventional roof, requiring a limit on the number of cars allowed
to park on the upper level to equal the number of spaces available, prohibiting motorcycles on the
upper leve l , and requiring that the upper level can only be used for parking.
Hal Woods , Appellant co mmended the Applicant's attention to detail and respect for the neighbors'
quality of life, safety and property rights, and stated that he could support the project if the
conditions outlined by Mr. Ehrlich are included.
Ernie Castro, Appellant, expressed disappointment that the hearing was not postponed due to the
Coronavirus, believe d the project should only r e quire 15 ground parking spaces, the parking
structure would serve restaurant patrons late into the evening, and did not believe other parking
structures have been approved in close proximity to residential properties.
Due to technical difficulties, Mayor O'Neill recessed the meeting at 9:19 p.m. and
reconvened at 9:21 p.m. with all members of the City Council in attendance.
In response to Mayor O'Neill's question, City Attorney Harp indicated the technical issues could
result in a due process argument because someone may not have heard everything that was said.
He stated that it might be best to continue the item. Mayor O'Neill apologized for the technical
issue s.
Motion by Mayor O'Neill. seconded by Council Member Brenner, to co ntinue the item to the
May 12 , 2020 City Council meeting.
The motion carried unanimously.
Mayor O'Neill recessed the meeting and 9:26 p.m. and reconvened the meeting at 9:38 p.m.
City Clerk Brown took roll call, as follows:
Present Mayor Will O'Neill, Mayor Pro T ern Brad Avery, Council Member Joy Brenner, Council
via WebEx: Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Co uncil Member Kevin Muldoon
Mayor O'Neill recommended continuing Items 10 and 14 due to the technical issues that have been
occurring during the meeting.
10. Ordinance No. 2020-14: Terminating Non-Exclusive Commercial Solid Waste Franchises
[24/100-2020]
Motion by Mayor O'Neill. seconded by Council Member Herdman , to continue Item 10 to the
May 12 , 2020 City Council meeting .
Jim Mosher inquired about the public h earing on granting a solid waste franchise under a n ew
agreement, as Council previously adopted a resolution indicating the h earing would be tonight.
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