HomeMy WebLinkAbout1.0_Draft Minutes of March 17, 2022
NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, MARCH 17, 2022 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 – Commissioner Koetting III. ROLL CALL PRESENT: Chair Lee Lowrey, Vice Chair Lauren Kleiman, Secretary Curtis Ellmore, Commissioner Peter Koetting, Commissioner Sarah Klaustermeier, Commissioner Mark Rosene, Commissioner Erik Weigand ABSENT: None Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, Assistant Planner Melinda Whelan, Administrative Assistant Clarivel Rodriguez, Department Assistant Amanda Lee IV. PUBLIC COMMENTS Jim Mosher inquired on the status of the Ocean Boulevard project and noted the 14-day appeal process. In response to Mr. Mosher’s inquiry, Deputy Community Development Director Campbell disclosed an appeal for the Ocean Boulevard project was received with no set date for City Council review. V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS ITIEM NO. 1 MINUTES OF FEBRUARY 17, 2022 Recommended Action: Approve and file Motion made by Commissioner Weigand and seconded by Vice Chair Kleiman to approve the minutes of the February 17, 2022, meeting with Mr. Mosher's proposed edits. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSTAIN: None ABSENT: None ITEM NO. 2 AMS TRUST ENCROACHMENT (PA2022-007) Site Location: 207 Evening Canyon Road Summary: A request to waive City Council Policy L-6 to retain existing non-compliant improvements within the Evening Canyon Road public right-of-way with a maximum height of 38-inches including site walls, stairs on-grade, and handrails that encroach up to 7 feet into the 50-foot-wide public right-of-way and taller than 3-feet in height at the Property. Recommended Action: 1. Find the project exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301 and Section 15303 under Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures), because it has no significant effect on the environment;
Planning Commission Regular Meeting Minutes March 17, 2022
2 of 4
2. Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to retain existing non-compliant private improvements within the Evening Canyon Road public right-of-way consisting of site walls, stairs on-grade and handrails that encroach in excess of 1 foot into
the 50-foot-wide Evening Canyon Road public right-of-way and taller than 3-feet in height, contingent upon all conditions of the Encroachment Permit process being met (Attachment No. PC1); and 3. Adopt Resolution No. PC2022-004 waiving City Council Policy L-6 and approving Encroachment Permit No. N2021-0580 (Attachment No. PC 2)
Commissioner Koetting reported a site visit and conversation with the general contractor and questioned how the
problem was identified. In response to Commissioner Koetting’s inquiry, Deputy Community Development Director
Campbell speculated that the inspector identified the encroachment issue and explained the Encroachment Permit
process.
Chair Lowrey opened the public hearing.
With no comments from the public, Chair Lowrey closed the public hearing.
Motion made by Secretary Ellmore and seconded by Commissioner Koetting to approve the staff recommendation.
AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSTAIN: None ABSENT: None
ITEM NO. 3 BARKER ENCROACHMENT (PA2022-031) Site Location: 401 Catalina Drive Summary: A request to waive City Council Policy L-6 to retain maximum 5-foot-high existing non-compliant improvements within the Catalina Drive public right-of-way including retaining walls, stairs on-grade, handrails, planters and loose rock that encroach up to 6-feet into the 50-foot-wide public right-of-way at the Property (“Project”). The Catalina Drive parkway within the public right-of-way is approximately seven (7) feet from face of curb to the property line. City Council Policy L-6 (“Policy”) prohibits the proposed structures are limited to a one (1)-foot projection into the right-of-way. Recommended Action: 1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 Class1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures), because it has no significant effect on the environment; 2. Waive City Council Policy L-6,Encroachments in Public Rights-of-Way, to retain existing non-compliant private improvements within the Catalina Drive public right-of-way consisting of retaining walls , stairs on-grade, handrails, and planters that encroach in excess of 1-foot into the 50-foot wide Catalina Drive public right-of-way, or taller than 36-inches in height, and also loose rock on the parkway walkway surface, contingent upon all conditions of the Encroachment Permit process being met (Attachment No. PC 1); and 3. Adopt Resolution No. PC2022-005 waiving City Council Policy L-6 and approving Encroachment Permit No. N2022-0055 (Attachment No. PC 2). In response to Commissioner Koetting’s inquiry, Deputy Community Development Director Campbell clarified issues related to the masonry block wall, planter, and staircase through the public right-of-way, Council policy for current ground cover, and staircase landing improvements.
Planning Commission Regular Meeting Minutes March 17, 2022
3 of 4
Community Development Director Jurjis explained the way in which the encroachment issue was flagged and that wood railings will not be replaced.
Chair Lowrey opened the public hearing.
With no comments from the public, Chair Lowrey closed the public hearing.
Motion made by Commissioner Rosene and seconded by Secretary Ellmore to approve the staff recommendation. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSTAIN: None ABSENT: None
VII. PUBLIC HEARING ITEM(S) ITEM NO. 4 RESIDENTIAL CARE FACILITIES ORDINANCE UPDATE (PA2021-292) Site Location: Citywide ITEM NO. 4 was removed from the agenda. VIII. NEW BUSINESS
ITIEM NO. 5 ANNUAL GENERAL PLAN PROGRESS REPORT (PA2007-195) Site Location: Citywide 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. Recommended Action: 1. Find the preparation, review and submission of the 2021 General Plan Progress 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 2021 General Plan Progress Report, including the Housing Element Annual Progress Report; and 3. Recommend the City Council review and authorize the submittal of the 2021 General Plan Progress 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 Whelan utilized a presentation to review the 2021 General Plan Annual Report, status and progress report for non-Housing Element, General Plan update status, tracking and monitoring, 2021 housing development activity, Regional Housing Needs Allocation (RHNA) progress, highlights of the Housing Element implementation including the Costa Mesa Bridge shelter, Accessory Dwelling Units (ADUs), Newport Center and 1300 Bristol Street residences, and next steps for the Housing Element update and moving forward. In response to Secretary Ellmore’s question, Assistant Planner Whelan clarified the 28 condominiums at 1300 Bristol Street were above moderate units and Community Development Director Jurjis noted the applicant agreement and in-lieu fees paid by the applicant for Affordable Housing and later use by the City for Affordable Housing purposes.
Planning Commission Regular Meeting Minutes March 17, 2022
4 of 4
In response to Commissioner Koetting’s inquiry, Assistant Planner Whelan reported no requirement for very low, low or mod ADUs. Deputy Community Development Director Campbell noted the ADU production in the last calendar year, 240 ADUs
anticipated over the next eight years, and incentivized construction. In response to Commissioner Koetting’s questions, Deputy Community Development Director Campbell reported completed ADUs ready for drive-by viewing, including 20 renovated units in the Coronado Apartments and 30 single family homes throughout community, and an on-line GIS mapping tool for ADU locating.
In response to Commissioner Rosene’s question, Deputy Community Development Director Campbell disclosed JADUs in the ADU listing and the upcoming City Council review. Chair Lowrey opened the public hearing.
Jim Mosher noted a new name for the Coronado Apartments, implementation program progress for a tracking and
monitoring program, and missing City website link for City development documentation and questioned public access
to progress reports.
Chair Lowrey closed the public hearing.
Deputy Community Development Director Campbell acknowledged the update to the new name of the Coronado
Apartments, noted City tracking tables, indicated dynamic development and permit database integration challenges,
and mentioned a land management system that will replace the current permit system.
In response to Commissioner Koetting’s query, Deputy Community Development Director Campbell reported no update
on lawsuits related to the Housing Element mandates.
Motion made by Secretary Ellmore and seconded by Vice Chair Kleiman to approve the staff recommendation. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand
NOES: None ABSTAIN: None
ABSENT: None
IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION None ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. Deputy Community Development Director Campbell noted agenda items for the April 21 and May 12 Planning Commission meetings, cancelled Planning Commission meetings on April 7 and May 5, requested a Planning Commission meeting date change from May 19 to May 12, and explained the Lido house expansion. In response to Commissioner Koetting’s question, Chair Lowrey acknowledged local air traffic volume and noted air traffic options and flight patterns. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES None X. ADJOURNMENT – 7:02 p.m.
April 21, 2022, Planning Commission Item 1 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 1. MINUTES OF MARCH 17, 2022
The passages in italics are from the draft minutes, with corrections suggested in strikeout
underline format.
Page 4, paragraph 1: “In response to Commissioner Koetting’s inquiry, Assistant Planner
Whelan reported no requirement for very low, low or mod moderate income ADUs.”
Page 4, paragraph 3: “In response to Commissioner Koetting’s questions, Deputy Community
Development Director Campbell reported completed ADUs ready for drive-by viewing, including
20 renovated units in the Coronado Apartments and 30 single family homes throughout the
community, and an on-line GIS mapping tool for ADU locating.”
Planning Commission - April 21, 2022 Item No. 1a - Additional Materials Received Draft Minutes of March 17, 2022