HomeMy WebLinkAbout20190919_PC_MinutesI.
II.
Ill.
NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE
THURSDAY, SEPTEMBER 19, 2019
REGULAR MEETING -6:30 P.M.
CALL TO ORDER-The meeting was called to order at 6:30 p.m.
PLEDGE OF ALLEGIANCE-Commissioner Klaustermeier
ROLL CALL
PRESENT:
ABSENT:
Chair Peter Koetting, Vice Chair Erik Weigand, Secretary Lee Lowrey, Commissioner Curtis
Ellmore, Commissioner Sarah Klaustermeier, Commissioner Lauren Kleiman, Commissioner
Mark Rosene
None
Staff Present: Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda
Summerhill, City Traffic Engineer Tony Brine, Principal Planner Jaime Murillo, Planning Consultant Liane Schuller,
Administrative Assistant Clarivel Rodriguez, Administrative Support Technician Amanda Lee
IV. PUBLIC COMMENTS
None
V. REQUEST FOR CONTINUANCES
Deputy Community Development Director Jim Campbell recommended the Planning Commission continue Item
Number 3 to October 3.
VI. CONSENT ITEMS
ITEM N0.1 MINUTES OF AUGUST 22, 2019
Recommended Action: Approve and file
Deputy Community Development Director Campbell requested the minutes reflect that the Chair did not close the
public hearing for The Garden Office and Parking Structure project.
Motion made by Vice Chair Weigand and seconded by Commissioner Kleiman to approve the minutes of the
August 22, 2019 meeting as amended by staff and Mr. Mosher.
AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, Rosene
NOES:
ABSTAIN:
ABSENT:
ITEM NO. 2 KIM RESIDENCE ENCROACHMENTS (PA2019-146)
Summary:
A request to waive City Council Policy L-6 to retain the existing non-compliant private improvements
consisting of a step and two planter walls located within the Via Orvieto public right-of-way.
Recommended Action:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) (Preliminary Review) of the CEQA Guidelines, because it has no
potential to have a significant effect on the environment; and
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Planning Commission Minutes
September 19, 2019
2. Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to retain noncompliant private
improvements consisting of a step and planter walls that encroach into the Via Orvieto public right-of-
way, contingent upon all conditions of the Encroachment Permit process being met; and
3. Adopt Resolution No. PC2019-027 waiving City Council Policy L-6 and approving Encroachment
Permit No. N2019-0337.
Deputy Community Development Director Campbell reported the applicant requests a waiver of Council Policy L-
6 to retain existing non-compliant private improvements consisting of a step and two planter walls. Staff
recommends the Planning Commission waive the Policy and approve the project.
Chair Koetting noted this type of improvement is quite common.
In response to Commissioner Kleiman's questions, City Traffic Engineer Tony Brine advised that the City charges
a one-time fee for the encroachment permit and agreement. The agreement contains an indemnity provision that
transfers liability to the property owner. The property owner learned of the unpermitted encroachment during staff
review of plans for other improvements on the property. Deputy Community Development Director Campbell
clarified that unpermitted encroachments are usually identified when property owners apply for building permits.
The City is not proactively enforcing unpermitted encroachments.
In reply to Chair Koetting's inquiry, City Traffic Engineer Brine indicated the City and the property owner will sign
the agreement, through which the property owner will assume liability for the encroachment into the right-of-way.
Motion made by Commissioner Lowrey and seconded by Commissioner Ellmore to approve the project as
recommended by staff.
AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, Rosene
NOES:
ABSTAIN:
ABSENT:
VII. PUBLIC HEARING ITEMS
ITEM NO. 3 THE GARDEN OFFICE AND PARKING STRUCTURE (PA2019-023)
Site Location: 215 Riverside Avenue
Summary:
A coastal development permit (CDP) to demolish an existing restaurant/office building and associated
surface parking lot and to construct a new 47-space, two-level parking structure and a 2,830-square-foot
office building. A conditional use permit is required to authorize the parking structure adjacent to
residentially zoned property. A modification permit is required for 12 tandem parking spaces on the first
and second floor levels. The project includes hardscape, drainage, and landscape improvements. The
proposed development complies with all applicable development standards including height, setbacks,
and floor area limits.
Staff requests a two-week continuance to October 3, 2019, in order to complete additional biological
resources analysis on the project.
Recommended Action:
1. Continue the item to the October 3, 2019 Planning Commission meeting.
Deputy Community Development Director Campbell reported the item was continued from the August 22
meeting, and the public hearing is open. Staff recommends the Planning Commission continue the item to
October 3 so that a biological resources analysis may be completed.
Stephanie Sitzer Pilalas believed the applicant's presentation of the office building project separate from the
restaurant project has caused community anxiety and is a red flag. She suggested the Planning Commission
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