HomeMy WebLinkAbout1.0_Draft Minutes_07-07-2022
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NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, JULY 7, 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 – Secretary Ellmore III. ROLL CALL PRESENT: Chair Lee Lowrey, Vice Chair Lauren Kleiman, Secretary Curtis Ellmore, Commissioner Tristan Harris, Commissioner Mark Rosene, Commissioner Erik Weigand ABSENT: Commissioner Sarah Klaustermeier
Staff Present: Deputy Community Development Director Jim Campbell, Community Development Director Seimone Jurjis, Assistant City Attorney Yolanda Summerhill, Principal Planner Jaime Murillo, Associate Planner Chelsea Crager, Associate Planner David Lee, and Administrative Assistant Clarivel Rodriguez IV. ELECTION OF OFFICERS ITEM NO. 1 ELECTION OF OFFICERS Summary: The Planning Commission’s adopted rules require the election of officers at its annual meeting, which occurs at the first meeting of July each year. Officers include the Chair, Vice Chair, and Secretary and
they would serve for a one-year term. Recommended Action: 1. Find this action not subject to the California Environmental Quality Act (“CEQA”) pursuant to 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3; 2. Nominate Planning Commission officers consisting of Chair, Vice Chair, and Secretary; and
3. Appoint the officers by majority approval of a motion either individually or as one motion for all positions. Chair Lowrey opened the public hearing. The was no public comment.
Chair Lowrey closed the public hearing. Motion made by Commissioner Weigand and seconded by Chair Lowrey to nominate Vice Chair Kleiman to
Chair. Motion made by Commissioner Weigand and seconded by Commissioner Lowrey to nominate Secretary Ellmore to Vice Chair. Motion made by Commissioner Weigand and seconded by Commissioner Lowrey to nominate Commissioner
Rosene to Secretary.
AYES: Ellmore, Harris, Kleiman, Lowrey, Rosene, and Weigand NOES:
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ABSTAIN: ABSENT: Klaustermeier
The motion carried unanimously 6-0 in favor. V. PUBLIC COMMENTS None VI. REQUEST FOR CONTINUANCES Community Development Director Jurjis requested a continuance for Item No. 5 - Density Bonus Zoning Code and LCP Amendments (PA2020-032). VII. CONSENT ITEMS ITEM NO. 2 MINUTES OF JUNE 9, 2022 Recommended Action: Approve and file. Chair Kleiman opened the public hearing.
Mr. Mosher commended staff for having no edits to the minutes. Chair Kleiman closed the public hearing. Motion made by Commissioner Weigand and seconded by Vice Chair Ellmore to approve the minutes of the
June 9, 2022 meeting. AYES: Ellmore, Kleiman, Lowrey, Rosene, and Weigand NOES:
ABSTAIN: Harris ABSENT: Klaustermeier
VIII. PUBLIC HEARING ITEMS ITEM NO. 3 MCGINNIS RESIDENCE (PA2021-234) Site Location: 4607 Seashore Drive Summary: A request for a coastal development permit to demolish an existing duplex and construct a new 2,980-square-foot, single-unit residence with an attached 409-square-foot two-car garage and 376-square-foot junior accessory dwelling unit (JADU) in the VE Special Flood Hazard Area. Additionally, the applicant requests a variance to construct exterior entryway stairs for the JADU within the side yard setback as well as an exterior access stair for the ocean front patio within the front setback. 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 (New Construction of Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and
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3. Adopt Resolution No. PC2022-016 approving Variance No. VA2022-002 and Coastal Development Permit No. CD2021-062.
Associate Planner Lee utilized a presentation to review the McGinnis residence coastal development permit (CDP) and variance, project description, vicinity map, VE flood zone requirements, location, drawing, CDP compliance, variance, JADU entryway and oceanfront patio stairs deviation, findings, pending Zoning Code (ZC) and Local Coastal Program (LCP) amendment, and recommended action. In response to Vice Chair Ellmore’s question, Principal Planner Murillo confirmed that this residence is the first
variance case and Associate Planner Lee relayed a 17.33-foot finish floor elevation to accommodate the FEMA base flood elevation requirements. Furthermore, Principal Planner Murillo explained building height measurement practices and exceptions based on the different flood zone designations .
In response to Commissioner Lowrey’s question, Principal Planner Murillo indicated that Condition of Approval No. 10 is a standard condition applied to all CDPs, required by the LCP, and pursuant to the California Coastal Act for
future public shoreline access preservation. In response to Commissioner Weigand’s question, Associate Planner Lee noted that the trash cans will be in front of the staircase for easy street access and screened by a fence, as required by code, and Principal
Planner Murillo clarified this as a Zoning Code requirement, which will be addressed during the plan check process.
Commissioners disclosed no ex parte communications.
Chair Kleiman opened the public hearing.
Frank Stolz, South Coast Architects, relayed that the property owner and neighboring resident agree to keep
no fence between the properties, but will require a gate, and the trash cans will be placed on the front side facing Seashore Drive.
In response to Chair Kleiman’s inquiry, Mr. Stolz agreed to the recommended conditions.
Mark Geiger, 4608 Seashore Drive, expressed concern for how the setback may affect his view.
Jim Mosher questioned the three-year approval process, fireman accessibility with a side setback and stairs,
and the California Coastal Commission (CCC) housing mandates in the event of an appeal.
Mr. Stolz noted the side setback accommodates a fireplace and design guidelines and indicated that the stairs offer complete access with no obstruction to the right side for front-to-back access by fireman.
In response to Mr. Mosher’s comment regarding housing requirements, Principal Planner Murillo noted Senate
Bill (SB) 330 requires no net loss of units for new housing development projects, concerns raised by CCC staff that Accessory Dwelling Units (ADU) are inadequate forms of replacement housing, confirmation by the State
Department of Housing and Community Development that ADUs or JADUs are adequate replacement units under the law, and a recently City-approved housing development involving the redevelopment of a duplex to a single-family unit and JADU that was not appeal by the CCC. Secretary Rosene questioned the necessity of the stairs and expressed concern for the precedents set by approving this project. Community Development Director Jurjis noted having advised the applicant on options for code compliance and the decision before the Planning Commission. Chair Kleiman closed the public hearing. Vice Chair Ellmore encouraged focusing on the submitted application and plan, found the findings accurate, and supported the variance.
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Commissioner Lowrey concurred with Vice Chair Ellmore and supported the project. Motion made by Vice Chair Ellmore and seconded by Commissioner Lowrey to approve the project as recommended by staff. AYES: Ellmore, Harris, Kleiman, Lowrey, Rosene, and Weigand NOES: ABSTAIN:
ABSENT: Klaustermeier ITEM NO. 4 GANNON RESIDENCE (PA2021-305) Site Location: 20 Bay Island Summary: A coastal development permit (CDP) to allow the demolition of an existing single-family residence and the construction of a new 4,402-square-foot, single-family residence and adjust the off-street parking
requirements with a parking management plan. In addition, the applicant requests to increase the allowed building height to 28 feet for flat roofs and 33 feet for sloped roofs pursuant to the provisions
of Use Permit No. UP3618. The project includes hardscape, drainage facilities, accessory structures, and approximately 194 square feet of landscaping. With the exception of the requested adjustment to
off-street parking requirements and height increase, the project complies with all applicable development standards.
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 (New Construction of Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment;
and
3. Adopt Resolution No. PC2022-017 approving Coastal Development Permit No. CD2021-081.
Associate Planner Crager utilized a presentation to review the Gannon residence coastal development permit (CDP), parking management plan, and request for additional building height, vicinity map, building sites, Title 20
Use Permit development standards, height increase elevations with Planning Commission approval, Title 21 development standards, parking management plan, off-site parking, golf cart parking, and recommended action.
In response to written correspondence received, Associate Planner Crager indicated that the City of Newport
Beach does not regulate homeowner associations (HOA) member notification and the City provides public hearing notice consistent with Municipal Code. In response to Secretary Rosene’s question, Associate Planner Crager clarified the pathway to the garage
access point.
Commissioners reported no ex parte communications except for Commissioner Weigand who disclosed a conversation with the architect. Chair Kleiman opened the public hearing.
Brandon Linsday, Brandon Architects, accepted the conditions of approval and noted the possession of mail receipts related to HOA notification.
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Jim Mosher questioned the Bay Island “established by” date, property lot description, and relevancy of the design standards authorization through the use permit as facts to determine LCP conformity.
Associate Planner Crager indicated that she will verify legal language within the document to address Mr. Mosher’s comment. Chair Kleiman closed the public hearing. Motion made by Commissioner Weigand and seconded by Vice Chair Ellmore to approve the project as
recommended by staff. AYES: Ellmore, Harris, Kleiman, Lowrey, Rosene, and Weigand NOES:
ABSTAIN: ABSENT: Klaustermeier
ITEM NO. 5 DENSITY BONUS ZONING CODE AND LCP AMENDMENTS (PA2020-032) Site Location: Citywide
Summary:
Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code updating standards and establishing an approval process for considering density bonuses with housing developments. These amendments are required to
ensure the City’s regulations are in compliance with California Government Code Section 65915, et. Seq (Density Bonuses and Other Incentives). A housing development project that includes a minimum
percentage of affordable units is eligible for additional units above the otherwise allowed City-established maximum density and it is also eligible for reduced parking requirements,
incentives/concessions, and waivers of development standards. Recommended Action: Continue to the July 21, 2022, Planning Commission meeting. Motion made by Commissioner Harris and seconded by Vice Chair Ellmore to continue the item to the July 21, 2022, meeting.
AYES: Ellmore, Harris, Kleiman, Lowrey, Rosene, and Weigand
NOES: ABSTAIN:
ABSENT: Klaustermeier IX. STUDY SESSION ITEM NO. 6 CODE UPDATE RELATED TO ACCESSORY DWELLING UNITS (PA2021-113) Site Location: Citywide Summary: An overview of the Planning Commission Ad-Hoc Committee’s efforts on developing potential code amendments related to encouraging new accessory dwelling unit (ADU) development within the City and pending legislation related to the City’s ability to regulate ADUs. Recommended Action: Receive presentation and provide staff direction regarding proposed amendments.
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Principal Planner Murillo utilized a presentation to review the potential code and LCP amendments related to accessory dwelling units (ADU) with a focus on incentivizing development, September 9, 2021 study session outcome, Planning Commission Ad-Hoc Committee activity, summary of community meeting comments, and six
key ideas for code amendments: allowing daylighting basements, eliminating the 50 percent limit for attached ADUs, more flexibility for detached ADUs above detached garages, extra floor area allowances, basing ADU size on geography, and waiving the replacement parking requirements in the Coastal Zone. Furthermore, he outlined the ADU bills in the pipeline, current and future incentives, and next steps. Vice Chair Ellmore commended the idea of preapproved ADU plans, and in response to his question regarding
expediting ADUs in the Coastal Zone, Principal Planner Murillo noted that properties in the Coastal Zone are subject to the CDP review process and noted potential LCP amendments to create more exclusions or exemptions for certain ADUs.
Commissioner Weigand thanked Chair Kleiman, Commissioner Lowrey and staff for finding solutions to increase ADU development and acknowledged their consideration of legislature.
Secretary Rosene thanked the Ad-Hoc Committee and staff for their work on ADU development and maintaining a visually compatible neighborhood and character.
Commissioner Lowrey recognized staff for their work and shared excitement for the idea of daylight basements.
Secretary Rosene suggested including in the code an underground measurement requirement for daylight basements.
In response to Chair Kleiman’s question, Principal Planner Murillo indicated that most of the applications are for
ADUs, JADUs have been used for duplex to single-family conversions, 102 ADUs are in the pipeline with 21 finalized, 66 permitted, and 15 pending review, approximating 90 ADUs can be counted toward the current RHNA
cycle, and 30 of the ADUs came from one apartment complex. Chair Kleiman commended staff for outreach and education efforts and, in response to her question, Principal Planner Murillo confirmed that JADUs count in the
low, very-low-income categories in the Regional Housing Needs Assessment (RHNA) calculation.
Jim Mosher questioned the building access to subterranean ADUs and expressed safety concerns for people dwelling in basements.
X. STAFF AND COMMISSIONER ITEMS ITEM NO. 7 MOTION FOR RECONSIDERATION None ITEM NO. 8 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. Chair Kleiman introduced and welcomed Commissioner Tristan Harris who shared his background. Community Development Director Jurjis announced the kickoff of the new General Plan Update Steering Committee on July 11, 2022, land management software replacement, and Senate Bill (SB) 9 Ordinance consideration at the next City Council meeting. ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES XI. ADJOURNMENT- 7:55 p.m.
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The agenda for the July 7, 2022, Planning Commission meeting was posted on Friday, July 01, 2022, at 2:35 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City’s website on Friday, July 01, 2022, at 4:08 p.m. _______________________________ Lauren Kleiman, Chair _______________________________ Mark Rosene, Secretary
July 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 JULY 7, 2022
The passages in italics are from the draft minutes, with corrections suggested in strikeout
underline format.
Page 3, paragraph 2 of narrative: “In response to Vice Chair Ellmore’s question, Principal
Planner Murillo confirmed that this residence is the first variance case and Associate Planner
Lee relayed a 17.33-foot finish finished floor elevation to accommodate the FEMA base flood
elevation requirements.”
Page 3, paragraph 10: “Jim Mosher questioned the three-year approval process for the VE
zone code amendments, fireman accessibility with a side setback and stairs, and the
California Coastal Commission (CCC) interpretation of state housing mandates in the event of
an appeal.” [The first reference was to the slow approval of the code amendments, not the
approval of this application. The second was not to mandates imposed by the CCC, but to their
interpretation of state housing mandates which differs from City staff’s interpretation of them.]
Page 4, Item 4, paragraph 1 of narrative: “Associate Planner Crager utilized a presentation to
review the Gannon residence coastal development permit (CDP), parking management plan,
and request for additional building height, vicinity map, building sites, Title 20 Use Permit
development standards, allowance for height increase elevations with Planning Commission
approval, Title 21 development standards, parking management plan, off-site parking, golf cart
parking, and recommended action.”
Page 6, paragraph 3: “Commissioner Weigand thanked Chair Kleiman, Commissioner Lowrey
and staff for finding solutions to increase ADU development and acknowledged their
consideration of what the legislature has done.” [alternatively: change “legislature” to
“legislation”]
Planning Commission - July 21, 2022 Item No. 1a - Additional Materials Received Draft Minutes of July 7, 2022