HomeMy WebLinkAbout00_AgendaCITY OF NEWPORT BEACH
HEARING OFFICER AGENDA
Zoom
Wednesday, August 25, 2021 - 10:00 AM
Hearing Officer Members:
William B. Conners, Hearing Officer
SPECIAL NOTICE REGARDING COVID-19
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19.
Related to the State of Emergency, Governor Newsom issued Executive Orders N-08-21 and N-29-20, which allow staff and
members of the public to participate in the Hearing Officer meetings by electronic means. The City of Newport Beach will
conduct the Hearing Officer meeting via Zoom. As a member of the public, if you would like to participate in this meeting,
you can participate via the following options:
1.You can submit your questions and comments in writing for the Hearing Officer to consider. Please send them by
email to the Community Development Department at CDD@newportbeachca.gov by Tuesday, August 24, 2021 at 12:00
p.m. to give the Hearing Officer time to consider your comments. All emails will be made part of the record.
2.You can connect with a computer by joining through Zoom. Click the link below to register for the meeting using a
valid email address. You will receive a confirmation email allowing you to join the meeting:
https://us06web.zoom.us/webinar/register/WN_bkaDZ9ulTgKjWoPzBtIxQg.
3.You may connect by Telephone/Audio Only by calling: 669-900-9128. The webinar ID is 825 2186 5892#.
4.Attendees must "raise their hand" if they would like to speak during Public Comments. If attending by phone, press
*9.
Please know that it is important for the City to allow public participation at this meeting. While the City does not expect
there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the
information as soon as possible to the City’s website. The City of Newport Beach thanks you in advance for continuing to
take precautions to prevent the spread of the COVID-19 virus.
*******************************************************************************************************************************************************************
The Hearing Officer meeting is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the
Hearing Officer’s agenda be posted at least seventy-two (72) hours in advance of each regular hearing and that the public
be allowed to comment on agenda items before the Hearing Officer and items not on the agenda but are within the
subject matter jurisdiction of the Hearing Officer. The Hearing Officer may limit public comments to a reasonable amount
of time, generally three (3) minutes per person.
It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (“ADA”) in all respects.
If, as an attendee or a participant at this hearing, you will need special assistance beyond what is normally provided, the
City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact the Community
Development Department at least forty-eight (48) hours prior to the hearing to inform us of your particular needs and to
determine if accommodation is feasible at 949-644-3200.
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be
conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public
hearing or in written correspondence received by the City at or before the hearing.
The agendas, minutes, and staff reports are available on the City's web site at: www.newportbeachca.gov/hearingofficer
and for public inspection in the Community Development Department, Planning Division located at 100 Civic Center Drive,
during normal business hours. If you have any questions or require copies of any of the staff reports or other
documentation, please contact the Community Development Department, Planning Division staff at (949) 644-3200.
APPEAL PERIOD: An appeal may be filed with the Director of Community Development or City Clerk, as applicable, within
fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified
by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line
adjustments, or lot mergers). For additional information on filing an appeal, contact the Planning Division at 949 644-3200.
August 25, 2021
Page 2
Hearing Officer Meeting
I.CALL MEETING TO ORDER
II.PUBLIC HEARING ITEM
Aerie Condominium Funicular Reasonable Accommodation
No. RA2020-002 and Approval In Concept No. AIC2020005 (PA2020-067)
Site Location: 101 Carnation Avenue
1.
Project Summary
A reasonable accommodation application to allow the construction of a funicular
within the coastal bluff setback area (Development Area C) of the existing Aerie
condominium project. The funicular is necessary to provide disabled residents
unable to utilize the existing stairway the ability to access the on-site docks and
beach amenities. Approval of the reasonable accommodation will authorize the City
to approve Approval In Concept No. AIC2020005 and allow the applicant to submit
the funicular to the California Coastal Commission for review to amend the existing
Coastal Development Permit for the Aerie condominium project.
Recommended Action
1.Conduct a public hearing;
2.Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (Existing Facilities) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has
no potential to have a significant effect on the environment;
3.Adopt Resolution No. ___ approving Reasonable Accommodation No. RA2020-
002; and
4.Authorize Approval In Concept No. AIC2020005 for Coastal Commission review.
III.PUBLIC COMMENTS ON NON-AGENDA ITEMS
Public comments are invited on agenda and non-agenda items generally considered to be
within the subject matter jurisdiction of the Hearing Officer. Speakers must limit comments to
three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the
record. The Hearing Officer has the discretion to extend or shorten the speakers’ time limit on
agenda or non-agenda items, provided the time limit adjustment is applied equally to all
speakers. As a courtesy, please turn cell phones off or set them in the silent mode.
IV.ADJOURNMENT